Governing Body
Regular MeetingTopeka, KS · June 18, 2024
Minutes
Governing Body Minutes – June 18, 2024
CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, June 18, 2024. The Governing
Body members of the City of Topeka met in regular session at 6:00 P.M. with the following
Councilmembers present: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan,
and Hoferer -8. Deputy Mayor Valdivia-Alcala presided -1. Mayor Padilla absent -1.
Public comment for the meeting was available via Zoom or in-person. Individuals were
required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by
no later than 5:00 p.m. on June 18, 2024, after which the City Clerk's Office provided the Zoom
link information and protocols prior to the meeting start time. Written public comment was also
considered to the extent it was personally submitted at the meeting or to the City Clerk's Office
located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at
cclerk@topeka.org on or before June 18, 2024, for attachment to the meeting minutes.
AFTER THE MEETING was called to order, Deputy Mayor Valdivia-Alcala, provided the
invocation.
THE PLEDGE OF ALLEGIANCE was recited by meeting participants.
BOARD APPOINTMENT recommending the reappointment of Nicholas Xidis to the
Downtown Business Improvement District Advisory Board to fill a term ending June 30, 2026,
was presented. (Council District No. 1)
BOARD APPOINTMENT recommending the reappointment of Stephen Smith to the
Downtown Business Improvement District Advisory Board to fill a term ending June 30, 2026,
was presented. (Council District No. 1)
BOARD APPOINTMENT recommending the appointment of Kim Schultz to the
Downtown Business Improvement District Advisory Board to fill a term ending June 18, 2026,
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was presented.
Councilmember Hiller moved to approve the appointments. The motion seconded by
Councilmember Banks carried unanimously. (9-0-0)
A PRESENTATION on the Kansas Turnpike Authority (KTA) Cashless Tolling system,
effective July 1, 2024, was provided by Steve Hewitt, KTA Chief Executive Officer.
Governing Body members thanked KTA for locating their customer service headquarters in
Topeka and providing excellent customer service.
CONSENT AGENDA was presented as follows:
RESOLUTION NO. 9548 introduced by Interim City Manager Richard U. Nienstedt
cancelling the Governing Body meeting for July 16, 2024 and calling a special meeting for July
30, 2024, was presented.
MINUTES of the regular meeting of June 11, 2024, was presented.
Councilmember Dobler moved to approve the consent agenda. The motion seconded by
Councilmember Kell carried unanimously. (9-0-0)
ORDINANCE NO. 20495 introduced by Interim City Manager Richard U. Nienstedt
annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 3620
SE 6th Avenue and 3600 SE 6th Avenue within unincorporated Shawnee County, Kansas and
adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes,
was presented. (A24/1) (Council District No. 3)
Dan Warner, Planning Division Director, reported Reser's Fine Foods Inc., has requested
annexation of property located near SE 6th Avenue and SE Croco Road to construct a surface
parking lot for semi-trucks and trailers. He stated the Topeka Planning commission recommended
approval.
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Councilmember Ortiz spoke in support of the request and stated the additional parking lot
space should provide relief for neighborhood residents in regards to semi-truck traffic concerns.
Deputy Mayor Valdivia-Alcala stated prior to proceeding with the vote, each member of the
Governing Body who has engaged in ex parte communication with any individual either in favor
of, or against, the matter being considered, must state that the communication occurred and
indicate that even in light of having engaged in the communication they were able to fairly,
objectively, and impartially consider the measure based only upon the evidence provided on the
record. The record includes the Planning Commission minutes, the Staff report and its
attachments, the public comments made during the Planning Commission hearing and similar
relevant information related to the matter.
Ex parte communication was declared by Councilmember Ortiz.
Councilmember Ortiz moved to adopt the ordinance. The motion was seconded by
Councilmember Dobler carried unanimously.
The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala,
Ortiz, Banks, Kell, Miller, Dobler, Duncan, and Hoferer -9.
ORDINANCE NO. 20496 introduced by Interim City Manager Richard U. Nienstedt
amending the “District Map” referred to and made a part of the Zoning Ordinances by Section
18.50.050 of the Topeka Municipal Code on 84.7 acres of land located at the northwest corner of
SE 6th Avenue and SE Croco Road from Planned Unit Development (PUD) with “I-1” Light
Industrial District uses and “RR-1” Rural Residential District all to "PUD" with "I-1" Light
Industrial District uses to allow expansion of the Reser’s food processing operation to include
construction and operation of a storage lot for 405 semi-truck trailers, was presented. (PUD
16/05B) (Council District No. 3)
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Dan Warner, Planning Division Director, reported the request to amend the existing PUD
master plan was for the purpose of building and operating a storage lot for approximately 400
semi-truck trailers (200 trucks for each phase of construction) on 42 acres adjacent to and
immediately west of the existing Reser’s Plant. He stated the master plan includes fencing,
landscaping with large berms, and noise restrictions to help protect neighbors from the effects of
truck and trailer storage, and the Topeka Planning Commission recommended approval.
Councilmember Ortiz asked Staff to make sure a sidewalk has been constructed along the
entire property.
Deputy Mayor Valdivia-Alcala stated prior to proceeding with the vote, each member of the
Governing Body who has engaged in ex parte communication with any individual either in favor
of, or against, the matter being considered, must state that the communication occurred and
indicate that even in light of having engaged in the communication they were able to fairly,
objectively, and impartially consider the measure based only upon the evidence provided on the
record. The record includes the Planning Commission minutes, the Staff report and its
attachments, the public comments made during the Planning Commission hearing and similar
relevant information related to the matter.
Ex parte communication was declared by Councilmember Ortiz.
Councilmember Ortiz moved to adopt the ordinance. The motion was seconded by
Councilmember Banks carried. Councilmember Hoferer voted “no.”
The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala,
Ortiz, Banks, Kell, Miller, Dobler and Duncan -8. Noes: Councilmember Hoferer -1.
ORDINANCE NO. 20497 introduced by Interim City Manager Richard U. Nienstedt
annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 6545
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SW 10th Avenue and 6549 SW 10th Avenue within unincorporated Shawnee county, Kansas and
adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes,
was presented. (A24/3) (Council District No. 9)
Dan Warner, Planning Division Director, reported the annexation of property was located
at 6545 SW 10th Avenue and 6549 SW 10th Avenue to construct a multi-level driving range with
accessory bar and event spaces at the location of an existing driving range. He stated the Topeka
Planning commission reviewed the annexation proposal at their meeting on May 20, 2024, and
found the annexation to be consistent with the City's Land Use and Growth Management Plan and
recommended approval.
Deputy Mayor Valdivia-Alcala stated prior to proceeding with the vote, each member of the
Governing Body who has engaged in ex parte communication with any individual either in favor
of, or against, the matter being considered, must state that the communication occurred and
indicate that even in light of having engaged in the communication they were able to fairly,
objectively, and impartially consider the measure based only upon the evidence provided on the
record. The record includes the Planning Commission minutes, the Staff report and its
attachments, the public comments made during the Planning Commission hearing and similar
relevant information related to the matter.
Ex parte communication was declared by Councilmember Ortiz.
Councilmember Kell moved to adopt the ordinance. The motion was seconded by
Councilmember Hiller carried unanimously.
The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala,
Ortiz, Banks, Kell, Miller, Dobler, Duncan, and Hoferer -9.
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APPROVAL of Public Works Engineering CONTRACT NO. 52188 between the City of
Topeka and Bartlett and West, Inc., in an amount not to exceed $348,480 to perform professional
engineering services, was provided.
Braxton Copley, Public Works Director, reported a total project budget of $348,480 would
provide for services to include public engagement, traffic study, geotechnical, concept plans and
high level cost estimates. He stated the design, inspection, and construction services are not
included in the contract or scope of work for improvements on SW Huntoon Street from SW Gage
Boulevard to SW Harrison Street.
Councilmember Duncan thanked Director Copley and Bartlett and West Engineers for
providing an alternative option to the original proposal.
Councilmember Dobler moved to approve the contract. The motion seconded by
Councilmember Duncan carried unanimously. (9-0-0)
RESOLUTION NO. 9549 introduced by the Policy and Finance Committee comprised of
Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of
$125,662 from the Unassigned Reserve Fund for site improvements at Hotel Topeka, was
presented.
Braxton Copley, Public Works Director and Hotel Topeka Project Manager, reported
approval would allow the transfer of $125,662 to the Topeka Development Corporation (TDC) for
construction of a handicap accessible walkway from Topeka Boulevard to Hotel Topeka, repairs to
the existing sidewalk on the exterior of the building, and repairs to the existing loading dock on the
north side of the hotel.
Councilmember Duncan stated the Policy and Finance Committee recommending approval
on June 11, 2024, and expressed the importance of addressing the accessibility issue.
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Councilmember Dobler moved to approve the resolution. The motion seconded by
Councilmember Miller carried. Deputy Mayor Valdivia-Alcala and Councilmembers Ortiz and
Banks voted “no.” (6-3-0)
RESOLUTION NO. 9550 introduced by the Policy and Finance Committee comprised of
Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of
$59,589.19 from the Unassigned Reserve Fund for the replacement of faulty smoke and fire
damper actuators at Hotel Topeka, was presented.
Braxton Copley, Public Works Director and Hotel Topeka Project Manager, reported
approval would allow the transfer of $59,589.19 to the Topeka Development Corporation (TDC) to
replace faulty smoke and fire damper actuators at the Hotel Topeka.
Councilmember Duncan stated the Policy and Finance Committee recommending approval
on June 11, 2024, and expressed the importance of addressing this important life safety issue.
Councilmember Duncan moved to approve the resolution. The motion seconded by
Councilmember Dobler carried. Deputy Mayor Valdivia-Alcala and Councilmembers Ortiz and
Banks voted “no.” (6-3-0)
Richard U. Nienstedt, Interim City Manager, thanked the Governing Body for working to
save the important community asset. He encouraged the Governing Body to push the Shawnee
County Commissioners to provide assistance with making the improvements and moving forward
with a buyer.
RESOLUTION NO. 9551 introduced by the Public Infrastructure Committee comprised of
Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
No. 900034.00 for the 2027 Fire Department Fleet Replacement Program, was presented. (Public
Infrastructure Committee recommended approval on June 12, 2024)
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Randy Phillips, Topeka Fire Chief, reported the 2027 Fire Department Fleet Replacement
Program finances the replacement of Fire apparatus vehicles, including engines, trucks, aerials and
specialty vehicles. He stated ensuring the availability of reliable apparatus at all times remains
crucial and due to delays in manufacturing, to ensure delivery of the apparatus in 2027, they need
to complete the ordering process. He noted the $2,129,198 would cover the apparatus and loose
equipment on the apparatus.
Councilmember Hiller spoke in opposition of purchasing the fire trucks with bonds and
stated she would prefer the purchase be made with cash or Unassigned Reserve Funds.
Chief Phillips stated by utilizing the prepay option the City will save approximately
$260,000.
Councilmember Ortiz moved to approve the resolution. The motion seconded by
Councilmember Kell carried. Councilmember Hiller voted “no.” (8-1-0)
DISCUSSION regarding the renewal and adoption of the Neighborhood Revitalization
Program for years 2025-2027, was presented.
Dan Warner, Planning Division Director, reported the current Neighborhood Revitalization
Plan (NRP) was set to expire on December 31, 2024, and the current NRP boundary was based on
the 2020 Topeka Neighborhood Health Map. He stated this NRP renewal updates the boundary so
that it would be in sync with the current 2023 Neighborhood Health Map and the proposed NRP
would last through December 31, 2027. He noted while the plan and program have had variations
throughout the years, it has been continuously administered by the City since 1995 resulting in
$504 million of new investment (approximately $390 for commercial and $126 million for
residential). He reported with participating taxing entities rebating $63 million over that time, the
program has leveraged $8 of private investment for every public dollar rebated.
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Councilmember Duncan asked Staff to reach out to the new owner of the Menninger Tower
so the City remains informed of the future plans for the Tower.
Councilmember Dobler asked if the City was promoting this and other incentive programs
in neighborhoods. He noted if they do not continue to revitalize neighborhoods and infrastructure,
the tax base will continue to decrease. He asked Staff to consider how they can incentivize and
seek out developers that want to help with development in Topeka.
Councilmember Hoferer spoke in support of extending the program.
Director Warner reported Staff works to connect people with an incentive that fits their
needs.
Richard U. Nienstedt, Interim City Manager, spoke to the importance of the program and
the opportunity it provides neighborhoods.
Councilmember Hiller stated the City’s Changing our Culture of Property Maintenance
initiative was actively working to schedule a round table discussion with local developers.
PUBLIC COMMENT was provided by the following individuals:
Amanda Turner, Downtown Business Owner, stated the unsheltered population was having
a negative impact on her business. She asked the Governing Body for assistance in dealing with
the issue.
Henry McClure stated he believes the City should have accepted the offer to purchase the
Hotel Topeka for approximately $7 million. He spoke to the importance of the Metropolitan
Topeka Planning Organization (MTPO) meeting and inquired on the status of the Lauren’s Bay
Development delinquent taxes in the amount of approximately $8 million.
ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE
COUNCIL;
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Richard U. Nienstedt, Interim City Manager, thanked the Governing Body for allowing him
to service as the Interim City Manager. He announced starting July 2, 2024, Governing Body
meetings will be held at the Cyrus K. Holliday Building, located at 620 SE Madison Street, First
Floor Conference Room, Topeka, until further notice.
Deputy Mayor Valdivia-Alcala thanked Interim City Manager Nienstedt for his service to
the City.
Councilmember Ortiz thanked Interim City Manager for his service to the City. She stated
she would be seeking assistance from Staff regarding an email she received from a constituent
concerning the removal of vegetation from her yard that has been present for five years. She
thanked those assisting with the Topeka Way To Work Program as well as Staff for finishing the
Topeka Boulevard Intersection improvements two days early.
Councilmember Banks congratulated Topeka High School Alumni, NiJa Canady for being
named the USA Softball Collegiate Player of the Year.
Councilmember Kell thanked Interim City Manager Nienstedt for his service to the City.
He encouraged citizens to get their kids involved in activities to help provide constructive
guidance through the summer months.
Councilmember Miller thanked Interim City Manager Nienstedt for his service.
Councilmember Dobler thanked the Topeka Fire Department for their assistance in a recent
residential fire in District No. 7. He also thanked Interim City Manager Nienstedt for his service
and professionalism.
Councilmember Duncan referenced upcoming budget discussions and how complex the
overall tax system can be. He stated he believes as the capitol city of Kansas there are steps that
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could be taken to help relief some of the tax burden for city residents. He announced he will be
presenting ideas to consider addressing the complex tax issue in upcoming weeks.
Councilmember Hoferer announced the Fire Citizens Academy was accepting applications.
She also announced June 22, 2024 was the 50th anniversary of the Topeka Zoo Rain Forest.
Councilmember Hiller recognized the many Juneteenth celebrations taking place
throughout the city and commended the volunteers for their assistance. She welcomed citizens
input on the Gage Boulevard street improvement design and announced a public input session
would be held on June 20, 2024 at 5:30 p.m. at the Topeka Shawnee County Public Library.
Following a 10-minute recess, Councilmember Kell moved to recess into executive session
not to exceed 15 minutes to discuss matters deemed privileged under the Attorney-Client Privilege
as allowed under KSA 75-4319(b)(2). The open meeting will resume in the city council chambers.
The following staff will be necessary to assist the Governing Body in its deliberations, City
Attorney Amanda Stanley and any other staff the Governing Body finds useful. The motion was
seconded by Councilmember Hiller.
Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session
to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying
“no.” The motion carried on voice vote. Councilmember Ortiz voted “no.” (8-1-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session.
Councilmember Kell moved to recess into executive session not to exceed 45 minutes to
discuss employer/employee negotiations relating to one or more unions as justified by KSA 75-
4319(b)(3). The meeting will resume in the City Council Chambers. The following staff to assist
the Governing Body in its deliberations: Interim City Manager Nienstedt and any other staff he
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deems necessary. The motion was seconded by Councilmember Miller.
Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session
to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying
“no.” The motion carried on voice vote. Councilmember Ortiz voted “no.” (8-1-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session.
Councilmember Kell moved to recess into executive session not to exceed 30 minutes to
continue discussion on employer/employee negotiations relating to one or more unions as justified
by KSA 75-4319(b)(3). The meeting will resume in the City Council Chambers. The following
staff to assist the Governing Body in its deliberations: Interim City Manager Nienstedt and any
other staff he deems necessary. The motion was seconded by Councilmember Miller.
Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session
to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying
“no.” The motion carried unanimously on voice vote. (9-0-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session.
NO FURTHER BUSINESS appearing the meeting adjourned at 9:35 p.m.
(SEAL)
Brenda Younger City Clerk
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Agenda
City Council Chambers 214 SE 8th
Street, 2nd Floor Topeka KS 66603
https://www.topeka.org
Governing Body Agenda
June 18, 2024
6:00 PM
Mayor: Michael A. Padilla
Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
Interim City Manager: Richard U. Nienstedt
Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or
before the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. MAYORAL RECOGNITION:
Topeka Center for Peace and Justice Inc.
3. APPOINTMENTS:
A. Board Appointment - Downtown Business Improvement District Advisory Board
BOARD APPOINTMENT recommending the reappointment of Nicholas Xidis to the Downtown
Business Improvement District Advisory Board to fill a term ending June 30, 2026. (Council
District No. 1)
B. Board Appointment - Downtown Business Improvement District Advisory Board
BOARD APPOINTMENT recommending the reappointment of Stephen Smith to the Downtown
Business Improvement District Advisory Board to fill a term ending June 30,
2026. (Council District No. 1)
C. Board Appointment - Downtown Business Improvement District Advisory Board
BOARD APPOINTMENT recommending the appointment of Kim Schultz to the Downtown
Business Improvement District Advisory Board to fill a term ending June 18, 2026.
4. PRESENTATIONS:
Go! Cashless with KTA
5. CONSENT AGENDA:
A. Resolution - 2024 Governing Body Meeting Schedule
RESOLUTION introduced by Interim City Manager Richard U. Nienstedt cancelling the
Governing Body meeting for July 16, 2024 and calling a special meeting for July 30, 2024.
(Governing Body Meeting cancelled July 16, 2024 due to the Greater Topeka Partnership intercity
visit to Boise, Idaho, the week of July 16, 2024.)
B. MINUTES of the regular meeting of June 11, 2024
C. APPLICATIONS:
6. ACTION ITEMS:
A. Ordinance - Reser's Fine Foods Parking Lot Annexation - 3620 and 3600 SE 6th Avenue
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the
City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 3620 SE 6th Avenue
and 3600 SE 6th Avenue within unincorporated Shawnee County, Kansas and adjacent to the
City of Topeka corporate limits, and said land being annexed for all City purposes. (A24/1)
(Council District No. 3)
Voting Requirement: At least six (6) votes of the Governing Body is required.
(Annexation of a 41.7-acre tract to accommodate the development of a parking lot for refrigerator
truck staging. The tract will be assigned to Council District No. 3)
B. Ordinance - Reser's Fine Foods Planned Unit Development (PUD) Master Plan Amendment
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt amending the “District
Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka
Municipal Code on 84.7 acres of land located at the northwest corner of SE 6th Avenue and SE
Croco Road from Planned Unit Development (PUD) with “I-1” Light Industrial District uses
and “RR-1” Rural Residential District all to "PUD" with "I-1" Light Industrial District uses to
allow expansion of the Reser’s food processing operation to include construction and
operation of a storage lot for 405 semi-truck trailers. (PUD 16/05B) (Council District No. 3)
Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes are
required of the Governing Body (2) Reject or Amend Planning Commission's recommendation,
7 votes are required of the Governing Body; or (3) Remand back to Planning Commission, 6
votes are required of the Governing Body.
(Approval will allow development of a storage and staging lot for 405 semi-truck trailers at the
Reser's Find Foods Plant at SE 6th and Croco Road.)
C. Ordinance - Sports Center Annexation - 6545 and 6549 SW 10th Avenue
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the
City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 6545 SW 10th Avenue
and 6549 SW 10th Avenue within unincorporated Shawnee county, Kansas and adjacent to the
City of Topeka corporate limits, and said land being annexed for all City purposes. (A24/3)
(Council District No. 9)
Voting Requirement: At least six (6) votes of the Governing Body is required.
(Annexation of 57.9 acres to construct a multi-level driving range with accessory uses. The tract will
be assigned to Council District No. 9)
D. Professional Service Contract - Bartlett and West, Inc. - Street Improvement Project T-
701028.00
APPROVAL of a Public Works Engineering Contract between the City of Topeka and Bartlett
and West, Inc., in an amount not to exceed $348,480 to perform professional engineering
services.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Services include public engagement, traffic study, geotechnical, concept plans and high level cost
estimates. Design, inspection, and construction services are not included in this contract or scope
of work for Street Improvements on SW Huntoon Street from SW Gage Boulevard to SW Harrison
Street.)
E. Resolution - Unassigned Reserve Fund Authorization - Hotel Topeka ADA Path, Sidewalk and
Loading Dock Repairs
RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers
Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $125,662 from the
Unassigned Reserve Fund for site improvements at Hotel Topeka.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would allow for construction of a handicap accessible walkway from Topeka Boulevard to
Hotel Topeka, repairs to the existing sidewalk on the exterior of the building and repairs to the
existing loading dock on the north side of the hotel. The Policy and Finance Committee will consider
this item at the June 11, 2024 Committee meeting.)
F. Resolution - Unassigned Reserve Fund Authorization - Hotel Topeka Fire and Smoke Damper
Actuators Replacement
RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers
Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $59,589.19 from
the Unassigned Reserve Fund for the replacement of faulty smoke and fire damper actuators at
Hotel Topeka.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would allow the transfer of $59,589.19 to the Topeka Development Corporation (TDC) to
replace faulty smoke and fire damper actuators at the Hotel Topeka. The Policy and Finance
Committee will consider this item at the June 11, 2024 Committee meeting.)
G. Resolution - 2027 Fire Department Fleet Replacement
RESOLUTION introduced by the Public Infrastructure Committee comprised of
Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
No. 900034.00 for the 2027 Fire Department Fleet Replacement Program. (Public Infrastructure
Committee recommended approval on June 12, 2024)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would authorize $2,129,198 to cover the cost of the apparatus and loose equipment on the
apparatus.)
7. NON-ACTION ITEMS:
A. Discussion - 2025-2027 Neighborhood Revitalization Plan
DISCUSSION regarding the renewal and adoption of the Neighborhood Revitalization Program
for years 2025-2027.
(The current plan is set to expire December 31, 2024.)
8. PUBLIC COMMENT:
Public comment for the meeting will be available via Zoom or in-person.
Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
which the City Clerk's Office will provide Zoom link information and protocols
prior to the meeting. Written public comment may also be considered to the
extent it is personally submitted at the meeting or to the City Clerk's Office
located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at
cclerk@topeka.org on or before the date of the meeting for attachment to the
meeting minutes. View the meeting online at
https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
9. ANNOUNCEMENTS:
10. EXECUTIVE SESSION:
11. ADJOURNMENT:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Jane Murray, Executive DOCUMENT #:
Assistant to the Mayor
SECOND PARTY/SUBJECT: Topeka Center for PROJECT #:
Peace and Justice Inc.
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
Topeka Center for Peace and Justice Inc.
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
Improvement District
Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the reappointment of Nicholas Xidis to the Downtown Business
Improvement District Advisory Board to fill a term ending June 30, 2026. (Council District No. 1)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the reappointment of Nicholas Xidis to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on June 30, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
N. Xidis - DBID Reappointment Application
City of Topeka Boards and Commissions
Application
Submitted on 16 April 2024, 2:21PM
Receipt number 235
Related form version 8
Profile
First Name Nicholas
Last Name Xidis
Email Address nick@hazelhillchocolate.com
Street Address 724 S. Kansas Ave.
Suite or Apt
City Topeka
State Kansas
Zip 66603
Are you a resident of the City of Topeka? Yes
What district do you live in? District 1
Primary Phone (785)221-8782
Alternate Phone (785)215-8883
Employer Hazel Hill Chocolate
Job Title Chocolate Maker
Which Board would you like to apply for? Downtown Business Improvement District Advisory Board
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I am a downtown resident and business owner. I’m interested in
commission: continuing to see improvement in downtown Topeka.
Interests & Experiences
Please describe your education, experience, and expertise Business Owner more than 15 years
including any honors, awards, civic, cultural, charitable or Business Hall of Fame
professional organization memberships that relate to the Business of Distinction
position you are seeking. President Board Jayhawk Council BSA
List any professional licenses you hold in Kansas and advise if N/A
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
Improvement District
Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the reappointment of Stephen Smith to the Downtown
Business Improvement District Advisory Board to fill a term ending June 30, 2026. (Council District No. 1)
VOTING REQUIREMENTS:
Action requires least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the reappointment of Stephen Smith to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on June 30, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
S. Smith - DBID Reappointment Application
City of Topeka Boards and Commissions
Application
Submitted on 16 April 2024, 10:57AM
Receipt number 233
Related form version 8
Profile
First Name Stephen
Last Name Smith
Email Address stephen@stephensmithimages.com
Street Address 931 S Kansas
Suite or Apt
City Topeka
State Kansas
Zip 66612
Are you a resident of the City of Topeka? Yes
What district do you live in? District 1
Primary Phone 17853547153
Alternate Phone
Employer Self - Stephen Smith Gallery
Job Title owner
Which Board would you like to apply for? Downtown Business Improvement District Advisory Board
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I am and have been for quite a while serving on the Downtown Business
commission: Advisory Board.
I believe and support its vision and purpose.
I also live in a loft (for the last 14 years) above my business Stephen
Smith Gallery at 931 S Kansas Ave. (since 1978), so I have a vested
interest in downtown.
Interests & Experiences
Please describe your education, experience, and expertise Some College, operating a business at 931 S. Kansas Ave since 1978,
including any honors, awards, civic, cultural, charitable or currently serve on the Downtown Topeka Redevelopment Incentive
professional organization memberships that relate to the Grant Program Committee, recipient of the Masters and Craftsman
position you are seeking. Degrees from the Professional Photographers of America Association,
recipient of the National award from the PPA and KPPA. Served as
President of the KPPA.
List any professional licenses you hold in Kansas and advise if none
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you StephenSmithBIO.doc
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature Stephen A Smith
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
Improvement District
Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the appointment of Kim Schultz to the Downtown Business
Improvement District Advisory Board to fill a term ending June 18, 2026.
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the appointment of Kim Schultz to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on June 18, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
K. Schultz - New Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 14 May 2024, 2:33PM
Receipt number 242
Related form version 8
Profile
First Name Kim
Last Name Schultz
Email Address Justsmyl@cox.net
Street Address 3329 SW Westwood Dr
Suite or Apt
City Topeka
State Kansas
Zip 66614
Are you a resident of the City of Topeka? Yes
What district do you live in? District 5
Primary Phone 7852217785
Alternate Phone 7852727785
Employer Creatively Bold Enterprises, LLC
Job Title Owner
Which Board would you like to apply for? Downtown Business Improvement District Advisory Board
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I was on the BID before 2020 closed our Downtown businesses. We are
commission: now back open and I noticed that there are two vacant positions.
Interests & Experiences
Please describe your education, experience, and expertise Washburn University Graduate. My family is very supportive of making
including any honors, awards, civic, cultural, charitable or Topeka even more awesome.
professional organization memberships that relate to the
position you are seeking.
List any professional licenses you hold in Kansas and advise if n/a
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you BID Resume 5-14-24.pdf
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Female
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature Kim Schultz
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
KIM SCHULTZ
COMMUNITY SUPERSTAR
MR. MAYOR,
I would like to be appointed to the Business Improvement
District Board (BID)
57 years as a Topeka resident
Washburn University Graduate Bachelor’s Degree
Accounting
Topeka Small Business Owner since 2002
CONTACT Downtown Business Owner since 2003
BID Board Member 2010-2018
Justsmyl@cox.net
Creatively Bold Enterprises, LLC is my accounting business
(785) 221-7785
where I work with people from all over the US helping them
follow their dreams of being an entrepreneur. Small business
consulting, accounting/payroll services, & Accounting system
recovery and reconstruction. I am also a Positivity Influencer
Topeka, KS
and speaker. I host a podcast called KIMology 411.
My family owns the Tinkham Veale Building at 909 & 911 S
Kansas Ave. We recently did over $600,000 in renovations to
our building and our new restaurant opened in February. Here
I get to give people the joy of food and entertainment.
I enjoy helping our community be better and do better.
Sincerely,
Kim Schultz
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Jeri Biehler, KTA Senior DOCUMENT #:
Communications
Manager
SECOND PARTY/SUBJECT: Go Cashless with KTA PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
Go! Cashless with KTA
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:
ATTACHMENTS:
Description
KTA Go Cashless Presentation
KTA Flyers
Go! Cashless with KTA
June 18, 2024
Why cashless tolling
•Safety
•Customer convenience and service
•Operational considerations
Aging equipment, need for investment
Aging workforce
Efficiency
About cashless tolling
• July 1, 2024
• If you have a KTAG, not much will
change. Customers who typically stop
at a toll booth will have new ways to
pay.
• DriveKS will be Kansas’ new toll
payment system to support
customer payments.
We’re here to help
• Three Kansas-based
customer service centers
available for phone, email
or in-person help
• Online account
management
• Mobile app
• Connect with us on social
media
www.ksturnpike.com
www.myktag.com
www.DriveKS.com
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Richard U. Nienstedt, DOCUMENT #:
Interim City Manager
SECOND PARTY/SUBJECT: 2024 Governing Body PROJECT #:
Meeting Schedule
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by Interim City Manager Richard U. Nienstedt cancelling the Governing Body
meeting for July 16, 2024 and calling a special meeting for July 30, 2024.
(Governing Body Meeting cancelled July 16, 2024 due to the Greater Topeka Partnership intercity visit to
Boise, Idaho, the week of July 16, 2024.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to cancel meetings on July 16th.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution as part of the consent agenda.
BACKGROUND:
Topeka Municipal Code Section A2-30(a) requires that the Governing Body meet at least two times each month.
Staff recommends cancelling Governing Body meeting scheduled for July 16, 2024, due to several
Governing Body and City Staff members will be on the Greater Topeka Partnership intercity visit to Boise,
Idaho, the week of July 16.
Staff recommends calling a special Governing Body meeting on July 30, 2024
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution
Topeka Municipal Code (TMC) Section A2-30(a) - "Governing Body Rules and Procedure"
1 RESOLUTION NO. _____
2
3 A RESOLUTION introduced by Interim City Manager Richard U. Nienstedt cancelling the
4 Governing Body meeting for July 16 and calling a special meeting for
5 July 30.
6
7 WHEREAS, TMC 2.15.020(c)(1) authorizes Governing Body meetings to be
8 cancelled by a majority vote of the Governing Body; and
9 WHEREAS, several Governing Body and City staff members will be on the Greater
10 Topeka Partnership intercity visit to Boise, Idaho, the week of July 16.
11 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
12 CITY OF TOPEKA, KANSAS that the Governing Body meeting scheduled for July 16,
13 2024, is hereby cancelled and calling a special meeting for July 30, 2024, to be considered
14 a regular governing body meeting.
15 ADOPTED and APPROVED by Governing Body on _________________________.
16 CITY OF TOPEKA, KANSAS
17
18
19
20
21 Michael A. Padilla, Mayor
22 ATTEST:
23
24
25
26
27 Brenda Younger, City Clerk
RES/GB meetings for July 2024 6/5/24
Topeka Sec. A2-30. Governing body rules of procedure. Page 1 of 1
Sec. A2-30. Governing body rules of procedure.
(a) Meetings. The governing body shall meet at least twice in every month at times and places as may be
prescribed by ordinary ordinance. Special meetings may be held on the call of the Mayor or of four (4) or more
district Councilmembers in the manner prescribed by rules of the governing body.
(b) Rules and journal. The governing body shall determine its own rules and order of business and shall provide
for keeping a journal of its proceedings.
(c) Voting; Quorum.
(1) Six (6) members of the governing body shall constitute a quorum.
(2) All actions by the governing body shall be taken by an affirmative vote of six (6) or more members,
unless a greater or lesser number of votes is required by ordinance or state law.
(3) All actions by the Council with regard to ordinances enacted pursuant to Article 12, § 5(b) of the Kansas
Constitution (ordinary ordinances) shall be taken by an affirmative vote of five (5) or more
Councilmembers.
(d) Form. Proposed ordinances and resolutions shall be in written or printed form. Any ordinance which repeals
or amends an existing ordinance shall set out in full the sections or subsections to be repealed or amended, and
shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter
by underscoring or by italics.
(e) Procedure. All ordinances shall be considered at a governing body meeting. Persons interested in a
proposed ordinance shall be given an opportunity to be heard in accordance with such rules and regulations as
the governing body may adopt.
(f) Publication. The City Clerk or such other city officer as the governing body may designate shall cause all
ordinances, as soon as practicable after they have been passed and signed, to be published once in the official
city newspaper, unless Kansas Statutes or other applicable law require more publications. In lieu of publication
of the entire ordinance, the City Clerk may publish a summary of the ordinance in accordance with state law.
(g) Signature, authentication and recording. All ordinances and resolutions shall be authenticated by the
signatures of the Mayor and City Clerk or such other appointive officer as the governing body may designate.
(C.O. 117 § 7, 2-9-16.)
e Topeka Municipal Code is current through Ordinance 20236, passed January 7, 2020, and Charter Ordinance No. 118, passed February 12, 20
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
Planning Division
Director
SECOND PARTY/SUBJECT: Reeser's Fine Foods PROJECT #: A24/1
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the City of
Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 3620 SE 6th Avenue and 3600 SE 6th
Avenue within unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate
limits, and said land being annexed for all City purposes. (A24/1) (Council District No. 3)
Voting Requirement: At least six (6) votes of the Governing Body is required.
(Annexation of a 41.7-acre tract to accommodate the development of a parking lot for refrigerator truck staging.
The tract will be assigned to Council District No. 3)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the annexation of 41.7 acres located at 3600 SE 6th Avenue and 3620 SE 6th Avenue.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:
Reser's Fine Foods Inc. has requested annexation of 41.7 acres located at 3600 SE 6th Avenue and 3620 SE
6th Avenue. The owner will construct a surface parking lot for semi-trucks and trailers.
Land Use and Growth Managment Plan 2040
The property lies within Tier 3 of the Urban Growth Area. Tier 3 areas comprise the bulk of the UGA outside of
Tier 1. Developing these areas requires graduating services to Tier 2, meaning, it is cost effective for the City to
make investments for all of the urban services in the area.
The subject property is contiguous to the City and has existing services available to the site because it adjoins the
already annexed Reser's development. While this development does not require connection to City sewer and
water service, those services are available along SE 6th Avenue.
The subject property is designated as Urban Growth Area (residential) and Mixed-Use Employment Corridor.
Expansion of Reser's Fine Foods for a surface parking lot is consistent with the Mixed-Use Employment Corridor
designation.
Street Network
SE 6th Avenue is a four-lane minor arterial, which has already been annexed by the City. No new public roads
are anticipated with the proposed parking lot. A new private driveway off of SE 6th Avenue will serve the parking
lot.
The Topeka Planning commission reviewed the annexation proposal at their meeting on May 20, 2024, and found
the annexation to be consistent with the City's Land Use and Growth Management Plan.
While state law does not require that annexation be reviewed by the Planning Commission, the City's adopted
Comprehensive Land Use and Growth Management Plan 2040 requires that the Planning Commission make a
determination that annexation of 10 acres or more are consistent with the plan.
BUDGETARY IMPACT:
Utilities and Services:
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.
Streets
Due to SE 6th Avenue already being annexed there are no additional costs.
Water
Not applicable due to land use.
Sewer
Not applicable due to land use.
Stormwater
The proposed use will relocate a stream buffer as part of the project. The additional maintenance costs for
stormwater are estimated to be $1,200 every five years. Future annual City of Topeka stormwater revenue,
following development is estimated to be approximately $22,008 annually.
SOURCE OF FUNDING:
Not applicable
ATTACHMENTS:
Description
Ordinance
Topeka Planning Commission Minutes (May 20, 2024)
A24/01 Aerial Map
Memo to Planning Commission (May 20, 2014)
Annexation Fact Sheet
(Published in the Topeka Metro News __________________)
ORDINANCE NO. ________________________
AN ORDINANCE introduced by interim City Manager Richard U. Nienstedt annexing land to the
City of Topeka, Kansas, in accordance with K.S.A. 12-520, located at 3620 SE 6th Avenue and
3600 SE 6th Avenue, within unincorporated Shawnee County, Kansas and adjacent to the City of
Topeka corporate limits, and said land being annexed for all City purposes. (A24/1) (Council
District No. 3)
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
Section 1. That the following described land, meeting the conditions for annexation
prescribed in K.S.A. 12-520(a)(7), is hereby annexed and made a part of the City of Topeka,
Kansas:
Beginning at a point on the South line of the Southeast Quarter (SE ¼ ) of Section 34,
Township 11 South, Range 16 East of the 6 th P.M., 957.75 feet West of the East line of said
Quarter Section; thence North parallel with the East line of said Quarter Section 2047 feet to a
limestone set near a black walnut tree said tree marked by three hacks; thence West at right
angles to the East line of said Quarter Section 372.45 feet to an Osage Orange hedge; thence
North along said hedge and parallel with the East line of said Quarter Section, 327 feet to a
point 377.75 feet South of the North line of said Quarter Section; thence West along an Osage
Orange hedge parallel with the North line of said Quarter Section, 778.04 feet to a point 531.96
feet East of the West line of said Quarter Section; thence South parallel with the East line of
said Quarter Section, 2374 feet to the Section line; thence East along Section line 1150.49 feet
to the place of beginning;
EXCEPT the following described tract, staring at a point on the North side of the public highway,
532 feet East from the West line of the West Half (W ½ ) of the Southeast Quarter (SE ¼ ) of
Section 34, Township 11 South, Range 16; thence East 210 feet; thence North 265 feet; thence
West 210 feet; thence south 265 feet to the place of beginning, in Shawnee County, Kansas.
Section 2. That all land described in Section 1 of this Ordinance is taken into and made a
part of the City for all City purposes and is assigned to City Council District No. 3.
Section 3. This Ordinance shall take effect and be in force from and after its passage,
approval and publication in the official city newspaper.
Section 4. Upon passage and publication, the City Clerk shall file a certified copy of this
Ordinance with the County Clerk, the Register of Deeds, and the Shawnee County Election
Commissioner.
PASSED AND APPROVED by the Governing Body of the City of Topeka,
_______________________, 2024.
____________________________
Michael A. Padilla, Mayor
ATTEST:
_________________________________
Brenda Younger, City Clerk
To Be Codified _______
Not To Be Codified ___X___
TOPEKA PLANNING COMMISSION
Monday, May 20, 2024
CASE MINUTES
Members present: Willie Brooks, Corey Dehn, Jennifer Hannon, Del-Metrius Herron, Jim Kaup, William
Naeger, Donna Rae Pearson, and Jim Tobaben, (8)
Members Absent: Katy Nelson, (1)
Staff Present: Rhiannon Friedman, Planning & Development Director, Dan Warner, Planning Director;
Michael Hall, Land Use Manager; Bryson Risley, Planner; Amanda Tituana-Feijoo,
Administrative Officer; Matthew Mullen, Legal
A24/01 Annexation, Reser’s Fine Foods requesting annexation of approximately 41.7 acres located on the north
side of SE 6th Avenue and approximately 1,100 feet west of SE Croco Road.
Staff:
Bryson Risley presented the staff report and staff’s recommendations of approval. This is a continuation from April
15.
Motion by Commissioner Kaup, second by Commissioner Dehn to proceed with the annexation of Reser’s, and
that it is consistent with the comprehensive plan. Approved 8-0-0
Planning Division Dan Warner, AICP, Planning Division Director
620 SE Madison, Unit 11 Tel: 785-368-3728
Topeka, KS 66607 www.topeka.org
MEMORANDUM
To: Topeka Planning Commission
From: Dan Warner, AICP; Planning Division Director
Date: May 20, 2024 – Continued from April 15, 2024
RE: A24/01 – Annexation request by Reser’s Fine Foods for the two
parcels addressed 3600 SE 6th Avenue and 3620 SE 6th Avenue
Proposal
Reser’s Fine Foods Inc. has consented to annexation of 41.7-acres located at 3600 SE
6th Avenue and 3620 SE 6th Avenue (see Map 1). The owner will construct a surface
parking lot for semi-trucks and trailers (see Map 2).
The proposed use will not require connection to City of Topeka water or sanitary sewer.
However, the site adjoins the already annexed Reser’s Fine Foods on the east.
Annexation of this property is appropriate as the proposed development is an
intensification of the current land use and annexation will make for a cohesive City
boundary.
Background
Unilateral annexations of this type, one in which the property owner has consented to the
annexation and the property is contiguous to the City, requires City of Topeka Governing
Body approval. However, the Land Use and Growth Management Plan 2040 (LUGMP)
established a policy that the Planning Commission review annexations greater than 10
acres for consistency with growth management principles of the LUGMP.
LUGMP Review
The property lies within Tier 3 of the Urban Growth Area (see Map 1). Tier 3 areas are
the bulk of the UGA outside of Tier 1. Generally speaking, Tier 3 areas of the UGA are
not ready for urbanization because investments have not been made in all five of
Topeka’s urban services (fire, police, water, sewer, and streets).
All five of the required services are available to the site because it adjoins the already
annexed Reser’s development and land to the south. Water and Sewer, while not
requiring connection, are found along SE 6th Avenue. The development will take access
from the minor arterial SE 6th Avenue, which is already annexed. City of Topeka Fire
Department and Police Department already serve the Reser’s development to the east of
the proposed annexation.
Ci ty o f T o p e k a P l a n n i n g & D e v e l o p m e n t D e p a r tm e n t
The subject property is designated as Urban Growth Area (residential) and Mixed-Use
Employment Corridor and Tier 2 by the Topeka Future Land Use Map (see Map 3). The
proposed use aligns with the Future Land Use identified in the Land Use and Growth
Management Plan 2040.
Street Network
Future access to the parking lot will come from SE 6th Avenue, which is a four-lane minor
arterial.
Recommendation
Annexing the subject property is consistent with the Comprehensive Plan.
Map 1 – Property Location Relative to the UGA
Page 2 of 4
Map 2 – Preliminary concept from PUD
Page 3 of 4
Map 3 – Future Land Use
Attachments:
Reser’s Fine Foods Annexation Fact Sheet
Page 4 of 4
Annexation Proposal
Properties located at 3620 and 3600 SE 6th Avenue
Fact Sheet & Department Comments
Site
Address/Location: 3620 SE 6th Avenue and 3600 SE 6th Avenue
Owner: Reser’s Fine Foods Inc
Size: Approximately 41.7 acres
Existing Land Use: Accessory residential support use (garage/shed)
Proposed Land Use: Surface parking
Subdivision: Property will be platted following annexation
Planning
Existing Zoning: RR-1
Proposed Zoning: PUD with I-1 use group
Current Population: 0 residents
Projected Population: 0 residents
Density: N/A
Comprehensive Plan: Urban Growth Area – Tier 3 (ready for annexation due to all five services being
available)
Primary Service Area (Sewer Required): Sewer service is available along the south and east sides of
3620 SE 6th Avenue. The proposed land use will not require sewer service.
Urban Growth Area Map
City of Topeka Planning Department
3/12/2024
Page 1
Annexation Proposal
Properties located at 3620 and 3600 SE 6th Avenue
Fact Sheet & Department Comments
Preliminary concept for future development
Annexation Procedure
Contiguous?: Yes
Consent?: Yes. Owner provided a written consent.
Requirements: Eligible for annexation under KSA 12-520(7). No required hearings or notices. No service
extension plan is required.
Approval Method: COT governing body passes ordinance.
Revenue/Expenses Estimates
City of Topeka Planning Department
3/12/2024
Page 2
Annexation Proposal
Properties located at 3620 and 3600 SE 6th Avenue
Fact Sheet & Department Comments
Property tax revenue to the City of Topeka in 2024 would be approximately $374.04 before any
development takes place. Future annual property tax revenue to the City of Topeka upon build-out of
the parking lot is estimated to be greater than $813.13. Current property tax revenue to Tecumseh
Township was $186.91 in 2023.
There is no existing utility revenue. Future annual COT Stormwater revenue to the City of Topeka upon
development of the property is estimated to be approximately $22,008. Due to the use of the property
there will be no sanitary sewer or water revenues.
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.
Streets will incur no additional operations or maintenance cost due to the property being annexed at the
property line, all new pavement improvements will be privately owned and maintained.
Stormwater will have an annualized operations and maintenance cost of $240 per year.
Water will not have no additional annualized infrastructure operational and replacement cost.
Sanitary sewer will not have any yearly expenses or revenues.
Utility and Service Providers
Current Proposed
Water COT COT – N/A
Wastewater COT COT – N/A
Fire Tecumseh Township COT
Police Shawnee County COT
Streets – Local N/A N/A
Parks Shawnee County Shawnee County
Governing Body Shawnee County (#2) COT (#3)
Utilities
The subject property is proposed for a surface parking lot for semi-trailer parking. This use will not require
the extension of water or sewer lines. Stormwater will be the only utility that is impacted by the proposed
annexation and development.
Streets
The proposed development will utilize the existing SE 6th Avenue (minor arterial) for access. Private drives
will be utilized for interior circulation and privately owned by Reser’s Fine Foods, meaning there will be
no impact of the COT streets budget.
Metro Bus Service
Fixed-route service is currently offered to this area through bus route #3 which runs from Downtown
Topeka to the south and east sides of Reser’s Fine Foods.
Ability to Provide Adequate Public Services
FIRE
City of Topeka Planning Department
3/12/2024
Page 3
Annexation Proposal
Properties located at 3620 and 3600 SE 6th Avenue
Fact Sheet & Department Comments
1) What is the estimated cost (operational and capital) to your Department/Division to provide
adequate service to the proposed annexation?
N/A
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes.
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
No additional impacts are anticipated.
Ability to Provide Adequate Public Services
FORESTRY
1) What is the estimated cost (operational and capital) to your Department/Division to provide
adequate service to the proposed annexation?
No cost at this time, no trees appear in R-O-W for maintenance.
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
Single small annexations can be taken care of by forestry. However, the cumulative effects of
multiple small annexations will ultimately not be sustainable.
Ability to Provide Adequate Public Services
POLICE
1) What is the estimated cost (operational and capital) to your Department/Division to provide
adequate service to the proposed annexation?
If completed the proposed annexed area, and stated purpose of proposed construction (parking
lot), would not necessitate additional resource expenditure outlay from the Police Department.
Adequate service could be accommodated without addition.
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
The Police Department resources currently adjacent to the proposed annexed area are capable
of providing adequate police service coverage to the proposed development.
City of Topeka Planning Department
3/12/2024
Page 4
Annexation Proposal
Properties located at 3620 and 3600 SE 6th Avenue
Fact Sheet & Department Comments
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
There are no identified issues that would negatively impact the ability to provide adequate police
service to the annexation area nor any negative impact to police service levels to the existing
residents/businesses within the city.
Ability to Provide Adequate Public Services
STREETS
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in current year $’s):
N/A
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
N/A
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
N/A
Ability to Provide Adequate Public Services
STORMWATER
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in 2023 $’s):
a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
$1,200 every 5 years.
b. Estimate annualized replacement cost of the asset This is based on 100-year
replacement cycle.
N/A
c. Estimate annualized revenue over the lifecycle of the assets).
$22,008
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
Appropriate utility easements and stream buffers must be applied.
Ability to Provide Adequate Public Services
WASTEWATER
City of Topeka Planning Department
3/12/2024
Page 5
Annexation Proposal
Properties located at 3620 and 3600 SE 6th Avenue
Fact Sheet & Department Comments
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in 2023 $’s):
N/A
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
N/A
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
N/A
Ability to Provide Adequate Public Services
WATER
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in 2023 $’s):
N/A
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
N/A
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
N/A
Ability to Provide Adequate Public Services
Topeka Metro Bus Service
1) Do you currently provide service to this subdivision/immediate area?
Yes, service is provided on the south side of the property and on the east side of Reser’s.
2) If not, can you provide service?
N/A
3) What is the estimated cost of providing service to this subdivision?
Service already provided.
City of Topeka Planning Department
3/12/2024
Page 6
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
Planning Division
Director
SECOND PARTY/SUBJECT: Reser's Fine Foods PROJECT #: PUD 16/05B
Planned Unit
Development Master
Plan Amendment
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 007 Zoning
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt amending the “District Map”
referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code
on 84.7 acres of land located at the northwest corner of SE 6th Avenue and SE Croco Road from
Planned Unit Development (PUD) with “I-1” Light Industrial District uses and “RR-1” Rural Residential
District all to "PUD" with "I-1" Light Industrial District uses to allow expansion of the Reser’s food
processing operation to include construction and operation of a storage lot for 405 semi-truck
trailers. (PUD 16/05B) (Council District No. 3)
Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes are required
of the Governing Body (2) Reject or Amend Planning Commission's recommendation, 7 votes are
required of the Governing Body; or (3) Remand back to Planning Commission, 6 votes are required of
the Governing Body.
(Approval will allow development of a storage and staging lot for 405 semi-truck trailers at the Reser's Find
Foods Plant at SE 6th and Croco Road.)
VOTING REQUIREMENTS:
Governing Body Voting Options:
1. Approve the Planning Commission's recommendation. A minimum of 6 votes are required of the Governing
Body.
2. Amend the Planning Commission's recommendation or refuse to approve the Planning Commission's
recommendation. A minimum of 7 votes are required of the Governing Body. 3. Remand to the Planning
Commission for further consideration, with a statement specifying the basis for the Governing Body's failure to
approve or disapprove. A minimum of 6 votes are required of the Governing Body.
POLICY ISSUE:
Whether to adopt the Planning Commission's recommendation to rezone the property.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to the adopt the ordinance.
BACKGROUND:
Reser’s Fine Foods requests approval of an amendment to the existing PUD master plan to build and operate a
storage lot for 405 semi-truck trailers on 42 acres adjacent to and immediately west of the existing Reser’s plant.
Refrigerated trailers will contain raw materials to be unloaded or finished goods waiting to be hauled away. The
master plan includes fencing, landscaping with large berms, and noise restrictions to help protect neighbors from
the effects of truck and trailer storage.
The proposed zoning and land use are consistent with the Land Use and Growth Management Plan (LUGMP)
which was amended in 2017 to designate the area along SE 6th Avenue from Deer Creek Parkway to SE Croco
Road as the “6th Avenue Mixed Use Employment Corridor.”
The applicant conducted a Neighborhood Information meeting on March 14, 2024. 12 or more neighborhood
residents attended in addition to City Planning staff. Neighbors expressed concerns primarily about the noise
and visibility of semi-trucks and trailers, both at the existing plant and on the proposed storage lot. Noise is
generated by the movement and idling of trucks, and the operation of refrigerated trailers.
The Planning Commission conducted a public hearing on April 15, 2024. The Planning Commission closed the
hearing and voted to continue the item to the May 20 meeting, requesting more information regarding, in part,
existing and anticipated noise levels, the volume and circulation of trucks, and a possible increase in the height of
the berm along the west boundary.
On May 20, 2024 the Planning Commission reviewed the rezoning proposal again and recommended approval by
a vote of 8-0-0. Staff recommends approval per the attached staff report.
BUDGETARY IMPACT:
Approval of the zoning change has no budgetary impact on the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Ordinance PUD16/05B Reser's
Planning Commission Minutes PUD16/05B May 20, 2024
Planning Commission Minutes PUD16/05B April 15, 2024
Reser's PUD Master Plan revised 6-1-2024
Staff Report Reser's PUD16/05B
Reser's PUD Master Plan 5-8-2024
Environmental Noise Level Survey
Letter from Neighbor Sandra Campise April 11 2024
Aerial Map PUD16/05B
Zoning Map PUD16/05B
Future Land Use Map PUD16/05B
Reser's PUD Master Plan April 2024
Traffic Impact Study with City Engineering Comments
Neighborhood Information Meeting Summary
(Published in the Topeka Metro News _____________________________________)
ORDINANCE NO. ________________________
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt amending the “District
Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050
of the Topeka Municipal Code on 84.7 acres of land located at the northwest
corner of SE 6th Avenue and SE Croco Road from Planned Unit Development
(PUD) with “I-1” Light Industrial District uses and “RR-1” Rural Residential District
all to "PUD" with "I-1" Light Industrial District uses to allow expansion of the
Reser’s food processing operation to include construction and operation of a
storage lot for 405 semi-truck trailers. (PUD 16/05B) (Council District No. 3)
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
Section 1. That the “District Map” referred to and made a part of the Zoning Ordinances
by Section 18.50.050 of the Topeka Municipal Code (TMC), be, and the same is hereby amended, by
reclassifying the following described property:
AREA 1 LEGAL DESCRIPTION:
LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST
QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
P.M., ALL IN SHAWNEE COUNTY, KANSAS.
AREA 2 LEGAL DESCRIPTIONS
INSTRUMENT NO. 2018R16128:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION;
THENCE NORTH 123 FEET PARALLEL TO THE WEST LINE OF SAID QUARTER
SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00 FEET
PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN
ANGLE TO THE SOUTHEAST TO A POINT ON THE SOUTH LINE OF THE QUARTER
SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE CONTINUING
EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST
LINE OF SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH
THE SOUTH LINE OF SAID QUARTER SECTION, 438.00 FEET; THENCE SOUTH
PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER
SECTION, 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH
LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET PARALLEL WITH
THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
SHAWNEE COUNTY, KANSAS.
INSTRUMENT NO. 2018R16057:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼)
OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75
FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION; THENCE NORTH
PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A
LIMESTONE SET NEAR A BLACK WALNUT TREE, SAID TREE MARKED BY THREE
HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE OF SAID QUARTER
SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG
SAID HEDGE AND PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327
FEET TO A POINT
377.75 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION; THENCE
WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE NORTH LINE OF
SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE
WEST LINE OF SAID QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE
EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE SECTION LINE; THENCE
EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE
NORTH SIDE OF THE PUBLIC HIGHWAY, 532 FEET EAST FROM THE WEST LINE OF
THE WEST HALF (W ½) OF THE
SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16;
THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY,
KANSAS; AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION
34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH P.M., DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID
SOUTHEAST QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF
SAID QUARTER SECTION; THENCE NORTH 123 FEET PARALLEL TO THE WEST LINE
OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
ON AN ANGLE TO THE SOUTHEAST TO A POINT ON THE SOUTH LINE OF THE
QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL
WITH THE WEST LINE OF SAID QUARTER SECTION, 460.00 FEET; THENCE WEST
PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 438.00 FEET;
THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF
SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET PARALLEL WITH THE WEST
LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.
subject to:
1. Use and development of the site in accordance with the Planned Unit Development (PUD)
Master Plan for Reser’s Fine Foods PUD.
Section 2. The PUD Master Plan for Reser’s Fine Foods East Development shall be recorded
with the Shawnee County Register of Deeds in accordance with Section 18.190.060(b) of the Topeka
Municipal Code (TMC). Following the recording of the PUD Master Plan and prior to building permit and/or
land development on the site, site development plans as required by the PUD Master Plan shall be
submitted for review and administrative approval by the Planning Director.
Section 3. This Ordinance Number shall be fixed upon the “District Map”.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. This Ordinance shall take effect and be in force from and after its passage,
approval and publication in the official city newspaper.
PASSED AND APPROVED by the Governing Body, City of Topeka, KS _____________, 2024
________________________________
Michael A. Padilla, Mayor
ATTEST:
_______________________
Brenda Younger, City Clerk To Be Codified ___________
Not To Be Codified ___X___
TOPEKA PLANNING COMMISSION
Monday, May 20, 2024
CASE MINUTES
Members present: Willie Brooks, Corey Dehn, Jennifer Hannon, Del-Metrius Herron, Jim Kaup, William
Naeger, Donna Rae Pearson, and Jim Tobaben, (8)
Members Absent: Katy Nelson, (1)
Staff Present: Rhiannon Friedman, Planning & Development Director, Dan Warner, Planning Director;
Michael Hall, Land Use Manager; Bryson Risley, Planner; Amanda Tituana-Feijoo,
Administrative Officer; Matthew Mullen, Legal
PUD16/5B Reser’s Fine Foods requesting a major amendment to the Master PUD Plan located at 3728 SE 6th
Avenue to include approximately 40 acres of land on the west side of the existing processing facility to allow
development of a storage lot for semi- truck trailers.
Staff:
Michael Hall presented the staff report and staff’s recommendations of approval. This is a continuation from the
April 15th Planning Commission Meeting. The Planning Commission voted to continue as they requested more
information on the following:
Environmental impact of relocating stream and stream buffer
Heat Island Effect
Volume of Trucks Entering and Leaving Site
Improvements at NE Corner of Existing Site
Noise Study By Applicant
Height of Berm along west boundary
Additional items added to the original Master Plan include the following:
“any accessory buildings to area 2 will require approval of an amendment to the PUD Master Plan in accordance
with 18.190.070”
“all landscape setbacks required by this master plan shall be maintained as a pervious surface and be devoid of
parking, and storage areas, hard surfaces, and structures”
Mr. Hall stated that the relocation of the stream buffer will require approval the City of Topeka Utilities Department,
and that will be reviewed as part of the stormwater management plan.
Mr. Hall identified a heat island occurs when there are higher temperatures in developed areas compared to
undeveloped areas in the same general area. Increases in hard surfaces and decreases in landscaping can create
heat islands. Heat Islands are typically referenced in context to a whole city/community and not one area. The
parking lot doesn’t occupy the entire site, and the Master Plan does state the mature trees along the south and west
side are to stay.
Mr. Hall stated that Reser’s intends to correct a lot of the truck traffic by working with their partners and adding
signage to the exit onto Croco, so that traffic accesses the highway via 6 th Ave.
Mr. Hall stated that the applicant agreed to additional landscaping and/or fencing along the berm that is north of the
driveway on Crocro Road. That will be implemented outside of the Master Plan. Mr. Hall recommended that the
landscape be planted before the end of the 2024 “growing” season.
Mr. Hall stated that a noise study was conducted by a consultant hired by the applicant. He referred any specific
questions to the applicant. The measurements were conducted on the northeast corner of the exisitng site, and they
don’t directly address the noise levels created by the expansion of the storage area to the west. The noise levels
that are created on site come primarily from idling trucks. Property owner Sandra Campise invited me to visit her
property, and I can hear the trucks on the site from her house. You can hear a lot of loud, other noises as well.
Mr. Hall referenced a previously presented exhibit regarding the berm. The new berm exhibit shows a bigger, taller
berm that is further to the east, closer to the truck parking area. There is a six-foot opaque fence on top of it.
Questions/Comments from Commissioners:
Mr. Kaup asked about the opaque fence on top of the berm. Mr. Hall stated he did not know the answer to that
question.
Owner Representative:
Kevin Holland, CFS Engineers
Mr. Holland clarified on the recent berm exhibit that was displayed. The berm is pushed closer to the vehicles and
it is a 4-1, which is easier to mow and maintain. They want to keep away from the tree line, but if they go to a 2-1
slope then it is not maintainable with a mower. However, the area will not be visualized a lot, and will increase the
overall height. Reser’s is dedicated to keeping the 60 decibal threshold, and will look into different fencing
materials.
Questions for Applicant:
Mr. Brooks asked about the difference between weighted and not weighted decibal levels. Mr. Holland stated that
the “DBA” is weighted, and that is noise that contributed where you are locally. The “DBZ” includes the
unweighted has the background noise, and is a higher decibal level. Everyone hears the “DBA”. Mr. Holland is
confident that the noise levels will be better on the west area because of the distance to the property line and the
berm with a fence as well. Some apps read at the DBZ levels, so take that into consideration if using an app.
Mr. Kaup asked if the consultant knew the magnitude of the expansion. Mr. Holland stated that he was hired
specifically for a test at the location at Croco, close to the Reser’s trucks that would be sitting there running. Mr.
Kaup asked if the consultant was aware of the existing conditions, and if the consultant understood what could
happen if over 85 decibals was reached. Mr. Kaup discussed the enforcement mechanisms the city has outside of
the Planning Commission. Mr. Holland stated that (for the west build out), there are still some things they can do
to mitigate noise. Mr. Kaup stated that the city ordinance does not state a decibal level.
Mr. Hall stated that if there is a violation on the master plan, then it is like violating the zoning code or zoning
ordinance. There would be zoning enforcement action, and there would be steps to enforce that. If there is an
issue with the noise, the applicant can file for an amendment, and it would have to go through this process again.
Ms. Pearson asked how the process would be initiated. Mr. Hall stated it would be most likely through complaints,
and the master plan does state that city staff would be allowed onsite to measure. Mr. Hall would prefer someone
who knows what they are doing, vs using an app on the phone.
Mr. Kaup stated that although the noise was not his issue, if there is determination of violation of the Topeka
noise ordinance during the buildout or following the buildout then that will trigger consequences for the master
plan. Mr. Holland stated that there is a 6-foot-high berm, and a 6-foot-high fence.
Discussion by Commissioners
Mr. Brooks stated he liked where the berm is at currently, but asked how to guarantee the design going forward.
Mr. Hall stated that within the staff report, there is a height minimum in relation to the parking lot.
Ms. Pearson asked for clarification on which berm that is being voted on. Mr. Hall stated the commission needed
to decide which one they were voting on. Mr. Holland stated that total of 12 foot would satisfy all requirements.
Planning Commission 05.20.2024 PAGE 2
.18
Motion by Commissioner Dehn, second by Commissioner Hannon to approve the PUD with the adjustment of
12-foot height from the pavement to the top of the fence. Approved 8-0
Planning Commission 05.20.2024 PAGE 3
.18
TOPEKA PLANNING COMMISSION
Monday, April 15, 2024
CASE MINUTES
Members present: Willie Brooks, Corey Dehn, Jennifer Hannon, Del-Metrius Herron, Jim Kaup, William
Naeger, Katy Nelson, Donna Rae Pearson, and Jim Tobaben, (9)
Members Absent: (0)
Staff Present: Rhiannon Friedman, Planning & Development Director, Dan Warner, Planning Director;
Michael Hall, Land Use Manager; Bryson Risley, Planner; Amanda Tituana-Feijoo,
Administrative Officer; Matthew Mullen, Legal
Public Hearing of PUD16/5B Reser’s Fine Foods requesting a major amendment to the Master PUD Plan
located at 3728 SE 6th Avenue to include approximately 40 acres of land on the west side of the existing
processing facility to allow development of a storage lot for semi- truck trailers.
Staff:
Michael Hall presented the staff report and staff’s recommendations of approval.
Questions/Comments from Commissioners:
Commissioner Naeger asked for clarification about the westside setback, and what the length was dependent on.
Mr. Hall stated that it was dependent on the ability to get a variance, and relocation of the stream channel.
Commissioner Pearson asked about the environmental impact of relocating the stream. Mr. Hall was not able to
provide a detailed answer, but did confirm that the city’s stormwater engineer will evaluate it.
Commissioner Kaup asked for clarification on the staff recommendation report regarding page 8, sections 9 and 5.
Mr. Hall confirmed that there were some typographical errors. The setback should be 60 feet.
Commissioner Kaup asked about the setbacks and whether it would be vegetation or a hard, impervious service.
Mr. Hall confirmed that the setbacks would have to be vegetation. Commissioner Kaup asked where that information
could be found in the master plan. Mr. Hall stated that it was implicit. Commissioner Kaup stated that the master
plan should specify that any setbacks are limited to vegetation.
Commissioner Kaup asked about general note number 6 on the master plan. Mr. Hall stated it is relevant because
what is being amended doesn’t include any buildings except the guard house at the entrance. Mr. Hall stated that
if Reser’s wanted to come back and expand any of the buildings, then they will need to come back with an
amendment.
Commissioner Kaup asked about Shawnee County’s comprehensive future for the parcel. Mr. Hall stated that he is
unaware of the that. The county was notified, and city staff did not hear anything back from the county.
Commissioner Kaup asked if buildings could be put on any of the property, or if it was limited to parking. Mr. Hall
stated that there is an area called project data that states semi-trailer truck parking lot. The master plan provided
the number of parking stall, but is not specific if the parking lot can be expanded. To expand the parking lot, there
would have to be changes to the master plan.
Planning Commission 04.15.2024
page 1
Commissioner Brooks asked for clarification on the sound levels and the distance between the trucks and the fence.
Mr. Hall confirmed that the noise will be 60 DB or less at the property line, and that the refrigerator trucks will be the
loudest noise. There is a difference between 60 and 74 DB, and it is exponential. Without fencing or berms, there
would be no reduction in noise level at the property line.
Commissioner Brooks addressed a letter written from a neighbor. Commissioner Brooks stated it would be worth
looking into how loud the back up horns are on the trucks. Commissioner Brooks asked how the city would ensure
the noise level, and who would enforce such complaints? Mr. Hall referenced “general note 9” which allows for City
Staff to be allowed onsite to conduct periodic noise measurements as needed.
Commissioner Brooks asked who represents the surrounding neighbors since most of them live in the county limits.
Mr. Hall stated that it would not make a difference where they live, if there is a complaint then the City’s Zoning
Inspector would go and inspect and corrective action would be taken if necessary.
Commissioner Tobaben referenced “landscaping” note number two, and asked if landscaping was included in at
the cross section of the fence and berm. Mr. Hall stated that the next steps, if approved, would be a site development
plan and a subdivision plat which include landscape plans.
Commissioner Kaup asked if the applicant has agreed to the conditions. Mr. Hall stated that the applicant was on
board with the current conditions.
Commissioner Brookes suggested that a bigger berm be built. Commissioner Dehn agreed that a bigger berm for
sound would be nice.
Owner Representative:
Kevin Holland, CFS Engineers
Jeff Adair, Reser’s Fine Foods
Gary McEvan, Reser’s Fine Foods
Mr. Holland stated that the applicants have no issues with it staying vegetative in state for the area west of the
parking. There is a proposed guard shack on the south side, and hopes there is a not a limitation to buildings. The
berm idea has been discussed, and there is a fence shown on the 20-foot landscape berm. The concern is that the
higher the berm is, the farther away from the trees you get to stay away from the roots. The higher the berm, the
closer it gets to the trucks. The 60 db is a cautionary number, as anyone can get an app on a phone and get any
number. On Wednesday, Reser’s will be conducting testing through a third party to conduct an eight-hour test to
evaluate the sound measurements.
Mr. Holland informed the commissioners that the streams already combine on the property, and are just being
moved to the East and then combine them a little further south. The drainage will be combined as the two are
combined.
Commissioner Kaup inquired about the large impervious surface, and what it is made up of. Mr. Holland stated that
it is asphalt, and confirmed that everything that is not in the set back will be impervious. Commissioner Kaup asked
about detention or retention facilities, and Mr. Holland confirmed that there was a detention area.
Commissioner Kaup asked about the phases of the project, and if the applicants propose to construct all phases at
once. Mr. Holland stated no, and that they would start with phase one which is 250. They are also proposing duel
fences at the back side, chain length for monitoring and opaque for noise canceling.
Commissioner Kaup inquired as to why the applicant would go through this process, if not looking for city water or
sewer. Mr. Holland stated that the parcel is already attached to the city’s property to the East, and making one
congruent piece of property is cleaner overall.
Commissioner Brooks stated that it would be interesting to see the results of the third-party testing regarding the
backup alarms (near, middle, far). Mr. Holland stated that they should be able to hear them at that location, and the
test is for eight hours so the peaks and valleys of the noise levels will be available.
Commissioner Brooks asked about the 60 db level on the east side of the property line, and what the west side of
the property line. Mr. Holland stated it would depend on other noises around outside as well.
Planning Commission 04.15.2024 PAGE 2
.18
Commissioner Hannon asked about the setback on the west side. Per the drawing, it could go down to 60 feet
pending the stream change, but would it ever be more than 100 feet. Mr. Holland stated no. Commissioner Hannon
asked about the cross sections, and if it ever gets better moving further north. Mr. Holland stated that the southern
stall would be close to the worst-case scenario.
Commissioner Pearson declared the public hearing open.
Sandra Campise, 416 SE Croco Road, submitted a letter with pictures to the commissioners. The
vibrations shake house. Ms. Campise goes to bed early for work, and the noise is constant. She has
reached out to Reser’s about some of the trailers, and they did move some of the trucks back. Ms.
Campise’s other concerns included the flooding of her yard, and how Reser’s does not put anything in
writing.
Commissioner Brooks asked about the original agreement mentioned in the letter. Ms. Campise stated
that that the applicant kept saying not to put anything in writing. Commissioner Brooks inquired that the
agreement Ms. Campise is referring to is when Reser’s first inhabited the property and were before the
Planning Commission at that time talking through the details. Ms. Campise confirmed.
Dean Jennings, 416 SE Croco Road, stated that he read in one of the documents that 250 trucks plus
125 refrigeration units would be operating at the same time. There is currently a noise problem with 12
trucks, so the noise level would be 10 times the amount.
Sheila Summers, address unknown, asked about the third-party test being conducted later in the week,
and when it would be done. Ms. Summers agrees that Reser’s is a good neighbor, but has made several
complaints about the sound. From her front porch, Ms. Summers states the db level is 80, and there are
no other cars driving by nor children playing outside. The original parking was supposed to be lower than
what it is, and from her two-story house, the trucks are at eye level.
Roger Sanders, 426 SE Rice Road, hopes that there is an environmental study done because this
summer that parking lot will be hot, and that will make everything else hot in the area. The factory never
shuts down, and it runs 24/7. There were no commercial buildings before Reser’s, and in the county there
is a noise ordinance from 11pm-6am. Reser’s doesn’t abide by that, and if they did, then the noise barrier
wouldn’t be an issue. Mr. Sanders states that he can hear the trucks backing up in his sleep, and the
lights are always on. This is impacting their lives and their property.
With no one else coming forward to speak, Commissioner Pearson declared the public hearing closed.
Discussion by Commissioners:
Commission Kaup acknowledges that Reser’s is important for the community. Commissioner Kaup is not
convinced that they have done everything they can, as this project is impacting the lives of several people in
several directions. Commissioner Kaup suggests tabling the matter for the staff to work out with Reser’s.
Commissioner Nelson stated she would like to see the results of the noise test before deciding.
Commissioner Brooks stated that data would help. This address is quite a way from where the trucks are currently
at, and you can still hear the backup alarms. That does not help Reser’s with the sound issue. What we have is a
situation where Reser’s is trying to do their best and be a good neighbor, but this could make the situation worse
than what it currently is. Some more data, the third-party test, and maybe some direction on how they can keep it
from getting too much worse is reasonable.
Commissioner Dehn stated that he would like to see a way to raise the 3-foot berm. This might help the sound
issue, along with the existing sound because there is currently no barrier. Commissioner Dehn also would like to
know if all the trucks on the trailers will be loaded and ready, or if they will be running empty while they wait.
Commissioner Herron asked for clarification if it is sent back.
Planning Commission 04.15.2024 PAGE 3
.18
Commissioner Hannon would like to see more information on the traffic on the site, where the trucks are entering
and exiting, if the trailers (seen in the pictures) will be housed in the new area.
Commissioner Pearson states that she is still concerned about the environmental impacts of the stream.
Commissioner Pearson stated there is a need for the following:
*more data for the sound
*more information for truck entrance
*more information on environmental impact in regards to the stream
Commissioner Brooks would also like to see more information regarding the “heat island” effect concern (brought
up in public comment previously).
Commissioner Kaup asked city staff if the applicant has agreed to everything that is currently in the staff report.
Mr. Hall stated that to his understanding, the applicant has agreed to everything. Commissioner Kaup then
clarified, as to what more can be achieved to address the issues.
Commissioner Dehn mentioned he would like to see if there are other ways to “deaden” the sound of the existing
truck parking area off Croco.
Commissioner Tobaben stated the effective height of the berm versus the elevation of the parking lot is more than
three feet.
Mr. Warner summarized the following from what the commissioners are requesting:
*noise test (results and data)
*how to keep the noise from getting worse
*higher Berm (higher than 3 feet)
*explanation of current truck circulation
*trailers on north side, and if they will move after this is built
*environmental impact of moving stream and the “heat island effect”
*more improvements to the northeast corner
Commission Kaup asked about the traffic impact study that is a part of the study, and if city staff had any
concerns. Mr. Hall stated that there were no issues or concerns.
Commissioner Kaup asked if Kevin Holland could come back up, and answer some further questions.
Kevin Holland, CFS Engineers
Commissioner Pearson asked how the tabling of the matter would impact for further research. Mr. Holland
inquired about the environmental aspect and the heat off the concrete, and how to proceed with those tests.
Commissioner Pearson stated that although she is unsure of how to proceed, City staff should be able to help.
Commissioner Dehn asked if any of those environmental factors would run into the golden factors. Mr. Hall stated
that the golden factors speaks mainly to how it directly affects the neighbors. Some of the concerns might fal into
the category of “other factors”. Commissioner Pearson asked if it gives the option to ask more questions. Mr. Hall
confirmed.
Mr. Hall also stated that he believes, the environmental impact of the stream is looked at by the stormwater
engineer as well. Commissioner Dehn asked (Mr. Holland) if the development adds more excessive storm water
to the stream system. Mr. Holland stated that the water is held back so that the peak hour stream comes through
during the peak hour per the City of Topeka’s storm water policy. Mr. Holland also stated that the temperature
thing is a difficult, subjective piece of information.
Commissioner Brookes stated that he wanted the applicant to acknowledge the comment when he brought it up.
He understands it may not affect the property, because it is the whole community that affects the “heat island”.
Commissioner Brookes is hoping the applicant can a general response to the concern and provide information as
to why it won’t it effect the property.
Planning Commission 04.15.2024 PAGE 4
.18
Mr. Holland says, that although they would love a vote on the matter, the applicant would not have another option
but to work with staff to alleviate some of the issues on the west side. Commissioner Kaup stated that the
commission does not have enough information to come up with a solution tonight. Commissioner Kaup asked Mr.
Holland if his client would prefer to table the annexation as well. Mr. Holland said yes.
Commissioner Dehn asked where the trucks park currently. Mr. Holland stated that they are spread across the
campuses, and traffic study shows 6th street as a centralized location that they will all be coming off. The trucks on
the northside that are backing up would most likely stay there, as they are in active operation with the plant
coming in.
Mr. Holland stated that the third-party test is scheduled from 4:00am- to 12:00pm to hit the morning peak.
Commissioner Kaup reminded city staff that a plat note needed to be added that all setbacks are to be vegetative,
and no structures are to be on property other than a guard house.
Motion by Commissioner Kaup, second by Commissioner Herron to continue all action items to the May
Meeting. Approved 9-0-0
Planning Commission 04.15.2024 PAGE 5
.18
BOOK PAGE
MASTER PLANNED UNIT DEVELOPMENT PLAN DATE TIME
RESER'S FINE FOODS EAST DEVELOPMENT RECORDED WITH THE SHAWNEE COUNTY REGISTER OF DEEDS
AMENDMENT NO. 2 REBECCA J. NIOCE, REGISTER OF DEEDS
LEGEND DESCRIPTION
AREA 1 LEGAL DESCRIPTION:
LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., ALL IN SHAWNEE COUNTY, KANSAS.
AREA 2 LEGAL DESCRIPTIONS
INSTRUMENT NO. 2018R16128:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
0 200 400 P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
Feet THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123 FEET
PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00
SCALE: 1" = 200' FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST TO A
POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
AREA 2 QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
PHASE III (PROPOSED)
SEMI TRUCK PARKING 438.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER SECTION,
PHASE IV (PROPOSED FUTURE) 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
SEMI TRUCK PARKING SOUTH 108.00 FEET PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
SHAWNEE COUNTY, KANSAS.
INSTRUMENT NO. 2018R16057:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION;
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A LIMESTONE SET NEAR
A BLACK WALNUT TREE, SAID TREE MARKED BY THREE HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE
OF SAID QUARTER SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG SAID HEDGE AND
PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327 FEET TO A POINT 377.75 FEET SOUTH OF THE
NORTH LINE OF SAID QUARTER SECTION; THENCE WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE
NORTH LINE OF SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE WEST LINE OF SAID
QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE
SECTION LINE; THENCE EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE NORTH SIDE OF THE PUBLIC HIGHWAY,
532 FEET EAST FROM THE WEST LINE OF THE WEST HALF (W ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION
34, TOWNSHIP 11 SOUTH, RANGE 16; THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY, KANSAS;
AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST
OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST
QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123
FEET PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST
AREA 1 TO A POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER;
PHASE I THENCE CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
PHASE II SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
SITE 438.00 FEET; THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 229.00 FEET; THENCE
EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET
PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.
SE CROCO RD.
SE 6TH STREET
VICINITY MAP
No Scale
STREAM BUFFER NOTES TYPICAL TYPE II
1. RESTRICTION: - THERE SHALL BE NO CLEARING, GRADING, CONSTRUCTION OR DISTURBANCE OF VEGETATION EXCEPT AS STREAM BUFFER STREAMSIDE AREA - USES ALLOWED
PERMITTED UNDER SECTION 17.10.060 OF THIS CODE OR AS APPROVED BY THE PUBLIC WORKS DIRECTOR OR HIS OR HER 1.) NATIVE VEGETATION
DESIGNEE. 2.) FLOOD CONTROL
25' OUTER AREA 3.) FOOT PATHS/ROAD CROSSINGS
4.) UTILITY CORRIDORS
2. STREAM BUFFER EASEMENTS ARE HEREBY ESTABLISHED AS SHOWN TO PROVIDE FOR INFORMAL GREEN SPACE AND THE 25' STREAMSIDE AREA OUTER AREA - USES ALLOWED
NATURAL UNOBSTRUCTED OVERLAND FLOW OF SURFACE WATER IN EXISTING DRAINAGE WAYS. PROPERTY OWNER(S) SHALL (MINIMUM) 1.) NATIVE VEGETATION OR MANAGED LAWN
NOT PLACE PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS IN SAID EASEMENT. ALL MAINTENANCE WITHIN THE STREAM 2.) BIKING/HIKING PATHS
CENTERLINE OF WATERWAY
BUFFER EASEMENT (SBE) SHALL BE THE RIGHT, DUTY AND RESPONSIBILITY OF THE PROPERTY OWNER(S) OF THE PROPERTY IN 25' STREAMSIDE AREA 3.) FLOOD CONTROL
(MINIMUM) 4.) DETENTION/RETENTION STRUCTURE
WHICH THE EASEMENT IS SO LOCATED, HOWEVER, IF MAINTENANCE IS NEGLECTED OR SUBJECT TO OTHER UNUSUAL
5.) UTILITY CORRIDORS
CIRCUMSTANCES AND IS DETERMINED TO BE A HAZARD OR THREAT TO PUBLIC SAFETY BY THE DIRECTOR OF THE APPLICABLE 6.) STORMWATER BMP's
DEPARTMENT OF PUBLIC WORKS, CORRECTIVE MAINTENANCE MAY BE PERFORMED BY THE GOVERNING JURISDICTION WITH 25' OUTER AREA 7.) RESIDENTIAL YARDS/LANDSCAPE AREAS PROPERTY OWNER'S: DATE:
COSTS ASSESSED TO AND BORNE UPON SAID PROPERTY OWNER(S). OFFICIALS REPRESENTING THE APPLICABLE DEPARTMENT OF RESER'S FINE FOODS INC.
PUBLIC WORKS SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT FOR PURPOSES OF PERIODIC INSPECTION AND/OR OWNER ADDRESS: PROPERTY ADDRESS JUNE ST
1, 2024
ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
CORRECTIVE MAINTENANCE.
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614
o: 785-272-4706 f: 785-272-4736
TOPEKA, KS 66607
BEAVERTON, OR 97075 PUD 16 / 05B
PERFORMANCE OBJECTIVE
MASTER PLANNED UNIT DEVELOPMENT PLAN BOOK
DATE
PAGE
TIME
AREA 1
TO CONSTRUCT A FOOD PROCESSING AND PACKAGING FACILITY WITHIN A RESIDENTIAL/AGRICULTURAL SETTING WHILE REASONABLY
RESER'S FINE FOODS EAST DEVELOPMENT
ACCOMMODATING THE OWNERS OF THE FACILITY AND SURROUNDING NEIGHBORHOOD.
AREA 2
TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT FOR SEMI-TRUCK TRAILERS INTENDED SOLELY FOR DIRECT USE BY SEMI-TRUCK
AMENDMENT NO. 2
TRAILERS SERVING THE RESER'S PLANT FACILITIES LOCATED IN EAST TOPEKA WITHIN PROXIMITY TO THE SITE. ANY EXPANSION OF BUILDINGS
WITHIN AREA 2 SHALL REQUIRE A MAJOR PUD AMENDMENT. VARIANCE NOTES OWNER'S CERTIFICATE
1. RELOCATION OF THE WESTERN STREAM CHANNEL TRANSECTING AREA 2 SHALL REQUIRE APPROVAL OF A VARIANCE TO TMC 17.10.080 RESER'S
BY FINE FOODS INC. OWNER, AGREES TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS AS SET FORTH ON
THE CITY OF TOPEKA DEPARTMENT OF UTILITIES AND APPROVAL BY THE DIVISION OF WATER RESOURCES, IF NEEDED. IF THE VARIANCE THEISMASTER PUD PLAN.
DEVELOPMENT PHASING SCHEDULE NOT APPROVED, THE TRAILER PARKING LOT MAY BE SHIFTED NORTH AND WEST WITH THE EXACT LOCATION DETERMINED AT THE TIME OF
AREA 1 SITE PLAN REVIEW APPLICATION PROVIDED A MINIMUM 60' LANDSCAPE SETBACK FOR ANY TRUCK OR VEHICLE STORAGE IS STILL IN TESTIMONY WHEREOF: THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, RESER'S FINE FOOD INC. HAS SIGNED
PHASE I (2017-2018) - CONSTRUCT 318,000 SF FACILITY, CONSTRUCT DECELERATION LANE INTO WEST ST.,
TH ENTRANCE
WIDENING
OFFOF
SE 6 MAINTAINED FROM THE EDGE OF THE PARKING LOT TO THE WEST PROPERTY LINE. THESE PRESENTS THIS DAY OF , 2024.
SE CROCO RD. TO ACCOMMODATE INDUSTRIAL WIDTH 3 LANE ROADWAY THROUGH THE NORTH PROPERTY BOUNDARY ALONG SE CROCO RD.
AND THEN TAPERING TO EXISTING WIDTH. (NOT SHOWN), CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5' STANDARD) ALONG THE NORTH SIDE
OF SE 6TH ST TO CONNECT WITH THE SIDEWALK THAT TERMINATES JUST EAST OF RICE RD., CONSTRUCT SIDEWALK (6' BACK OF CURB ORUTILITY
5' NOTES
STANDARD) ALONG THE WEST SIDE OF SE CROCO RD. THE LENGTH OF THE PROPERTY'S FRONTAGE. 1. LIGHTING SHALL BE FULL CUT OFF, SHIELDED & RECESSED WITH CUT-OFF ANGLES TO PREVENT THE CAST OF LIGHTING BEYOND THE
PHASE II (2022-2028) CONSTRUCT 85,000 SF STORAGE AND DISTRIBUTION BUILDING THAT WILL BE ATTACHED TO THE PHASE I MAIN PROPERTY & NOT EXCEED 3 FOOT CANDLES AS MEASURED AT THE PROPERTY LINE. EXTERIOR LIGHTING SHALL FOLLOW ACCEPTED PAUL LEAVY, CHIEF FINANCIAL OFFICER
STRUCTURE. (NORTH OF EXISTING BUILDING WITHIN EXISTING PARCEL) RESER'S FINE FOODS INC.
NATIONAL GUIDELINES FOR PARKING LOT LIGHTING (I.E. CPTED). THE TYPE, ILLUMINATION, POLE HEIGHT & QUANTITY OF NEW PARKING
AREA 2 LOT LIGHTING SHALL BE APPROVED BY THE TOPEKA PLANNING DEPARTMENT AT THE TIME OF PERMIT APPROVAL BY DEVELOPMENT
SERVICES. A FOOT CANDLE ANALYSIS WILL BE APPROVED AT THE SITE DEVELOPMENT PLAN STAGE.
PHASE III CONSTRUCT PARKING LOT WITH 255 SEMI TRUCK SPACES PROVIDED. 2. ALL UTILITIES SHALL BE PLACED UNDERGROUND PURSUANT TO THE CITY'S RIGHT-OF-WAY MANAGEMENT STANDARDS. STATE OF KANSAS) ss
PHASE IV CONSTRUCT ADDITIONAL PARKING LOT WITH 150 SEMI TRUCK SPACES PROVIDED. 3. SEWER AND WATER SHALL BE PROVIDED BY THE CITY OF TOPEKA. CONNECTIONS AND ANY REQUIRED EXTENSIONS SHALL BE MADE AT COUNTY
THE OF SHAWNEE) ss
EXPENSE OF THE DEVELOPER. BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
PROJECT DATA SAID COUNTY AND STATE, CAME PAUL LEAVY, CHIEF FINANCIAL OFFICE, RESER'S FINE FOODS INC., WHO IS PERSONALLY
KNOWN TO BE THE SAME PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY
AREA 1 CIRCULATION, PARKING & TRAFFIC NOTES ACKNOWLEDGED THE EXECUTION OF THE SAME.
ZONING: I-1 USES.FOR WAREHOUSING/DISTRIBUTION AND MANUFACTURING AND PROCESSING, TYPES I AND II ONLY 1. THE QUANTITY AND DESIGN OF ACCESSIBLE PARKING SHALL COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
ALL OTHER USES LISTED IN 18. 60 ARE NOT PERMITTED. 2. A 40 FT. SIGHT TRIANGLE, MEASURED FROM THE FACE OF CURB EXTENDED, SHALL BE MAINTAINED AT ALL ENTRANCES; NO OBSTRUCTIONSIN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
MAXIMUM DENSITY: N/A PER I-1 STANDARDS GREATER THAN (30) INCHES ABOVE GRADE OF ANY ADJACENT STREET OR ENTRANCE MAY BE PLACED WITHIN THIS AREA.
MAXIMUM BUILDING COVERAGE RATIO: 85% 3. ACCESS OPENINGS SHALL BE ALLOWED AS DEPICTED ON THE PLAN.
MINIMUM LOT AREA: 10,000 SF NOTARY PUBLIC
4. ALL NEW DRIVES, STREETS, PARKING AREAS, APPROACHES AND WALKS SHALL BE CONSTRUCTED TO CITY OF TOPEKA STANDARDS. MY COMMISSION EXPIRES:
TOTAL STRUCTURES (PROPOSED): SINGLE STORY BUILDING 5. ALL DRIVES, LANES & PRIVATELY OWNED ACCESS WAYS PROVIDING ACCESSIBILITY TO STRUCTURES, BUILDINGS AND USES WITHIN THE
TOTAL MAXIMUM BUILDING AREA: 317,190 SF PLANNED UNIT DEVELOPMENT SHALL BE CONSIDERED AND SERVE AS MUTUAL RIGHTS OF ACCESS TO OWNERS, TENANTS, INVITED GUESTS,
281,000 SF PRODUCTION CLIENTS, EMPLOYEES, CUSTOMERS, SUPPORT AND UTILITY PERSONNEL AND EMERGENCY SERVICE PROVIDERS, INCLUDING LAW
27,850 SF OFFICE/EMPLOYEE SERVICE ENFORCEMENT, FIRE PROTECTION AND AMBULANCE SERVICES. ALL ACCESS WAYS PROVIDING GENERAL ACCESSIBILITY TO, AND CERTIFICATION OF MASTER PUD PLAN APPROVAL
640 SF COVER OUTDOOR BREAK AREA CIRCULATION AMONG, THE USES WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE MAINTAINED AT ALL TIMES IN GOOD SERVICEABLE
CONDITION WITH THE MAINTENANCE OF SAID ACCESS WAYS BEING THE RESPONSIBILITY OF THE OWNER. THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
5,000 SF COVERED TRASH COLLECTION AREA THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CIT Y OF TOPEKA,
2,700 SF AMMONIA ROOM 6. IF ANY IMPROVEMENTS TO THE SITE ARE REQUIRED BY THE TRAFFIC ANALYSIS AS APPROVED BY THE CITY TRAFFIC ENGINEER, THEY SHALL BE COUNTY,
SHAWNEE KANSAS AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 OF SAID CHAPTER AND
COMPLETED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EACH PHASE OF DEVELOPMENT. AS SET FORTH ON THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.
MAJOR AMENDMENT
PARCEL SIZE: 43.03 ACRES±
PARKING CALCULATIONS: PH I & PH II APPROVAL TO CONSTRUCT A TRAILER PARKING LOT ON THE PORTION DESCRIBED AS AREA 2. USE AND MAINTENANCE
508 SPACES PROVIDED (499 STANDARD + 9 HANDICAP) SIGNAGE NOTES OF THE PARKING LOT SHALL BE BY RESER'S FINE FOOD INC OR TO ALLOW STORAGE OF TRAILERS SERVING OPERATIONS
1. SIGNS SHALL BE APPROVED BY SEPARATE SIGN PERMIT APPLICATION. WITHIN THE VICINITY OF SE 6TH AND CROCO.
417 REQUIRED (1 SPACE / 600 SQ. FT UP TOSQ.
25,000
FT.; 1 SPACE / 1000 SQ. FT. THEREAFTER)
24 BIKE SPACES PROVIDED 2. TMC 18.10 SHALL GOVERN ALL OTHER SIGNS UNLESS SPECIFICALLY STATED HEREIN. ALL INCIDENTAL SIGNAGE SHALL COMPLY WITH TMC
18.10.130(i) BY ZONING USE GROUP.
3. ONE FREESTANDING SIGN IS PERMITTED AT EACH VEHICULAR ENTRANCE FROM SE CROCO ROAD AND SE 6TH AVENUE BUT SHALL BE
AREA 2 LIMITED IN SIZE TO 40 SQUARE FEET AND IN HEIGHT TO 10 FEET ON SE CROCO ROAD AND LIMITED IN SIZE TO 50 SQUARE FEET AND HEIGHT
ZONING: I-1, USES, FOR SEMI-TRUCK TRAILER PARKING LOT. TO 15 FEET ON SE 6TH AVENUE.
PARCEL SIZE: 42.04 ACRES ± DAN WARNER, PLANNING DIRECTOR DATE
PARKING CALCULATIONS: PH III & PH IV LANDSCAPING AND FENCING NOTES
255 SEMI TRUCK SPACES PROVIDED, PHASE III 1. ALL LANDSCAPING SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS UNLESS PRESCRIBED OTHERWISE STATED IN
150 SEMI TRUCK SPACES PROVIDED , PHASE IV THIS DOCUMENT. SITE SPECIFIC LANDSCAPE PLANS ADDRESSING POINT QUANTITIES, SPECIES, AND LOCATION SHALL BE SUBMITTED AND STATE OF KANSAS) ss
APPROVED PRIOR TO ISSUANCE OF ANY PERMITS. COUNTY OF SHAWNEE) ss
GENERAL NOTES 2. LANDSCAPE PLANS SHALL BE PROVIDED THAT ARE CONSISTENT WITH TMC 18.235 LANDSCAPE REGULATIONS. THE SPECIFIC TYPES, AND BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
1. THE BASE ZONING OF I-1 SHALL APPLY UNLESS STATED OTHERWISE ON THE PUD MASTER PLAN. QUANTITIES SHALL BE APPROVED BASED ON THE LANDSCAPE PLAN SUBMITTED AT THE SITE PLAN REVIEW APPLICATION STAGE. "AN SAID COUNTY AND STATE, CAME DAN WARNER, PLANNING DIRECTOR, WHO IS PERSONALLY KNOWN TO BE THE SAME
2. NO BUILDING PERMITS SHALL BE ISSUED UNTIL INDIVIDUAL SITE DEVELOPMENT PLANS SUBJECT TO TMC 18. 190. 060(C) HAVE BEEN ATTRACTIVE MIX OF EVERGREEN, SHRUBS, AND DECIDUOUS TREES ALONG THE PROPERTY'S STREET FRONTAGES AND WHERE ADJACENT TO WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY ACKNOWLEDGED THE
PERSON
REVIEWED AND APPROVED BY THE PLANNING DIRECTOR. THESE SITE PLANS SHALL ADDRESS INDIVIDUAL BUILDING SITE LOCATIONS, SINGLE-FAMILY RESIDENCES ON THE WEST AND NORTH SIDES AT THE TIME OF DEVELOPMENT OF FUTURE PHASES. AN IMPERVIOUS EXECUTION OF THE SAME.
OFF-STREET PARKING AND INTERNAL CIRCULATION, FIRE HYDRANTS, LANDSCAPING, PEDESTRIAN CONNECTIVITY, EXTERNAL LIGHTING, SCREENING BARRIER, BERMS OR COMBINATION LANDSCAPING AND BERMS SHALL BE PROVIDED ALONG THE LENGTH OF THE WEST
SIGNAGE, BUILDING ELEVATIONS, UTILITIES, STORM WATER, RELATIONSHIP TO ADJACENT LOTS, ETC., APPROVED BY THE PLANNING PROPERTY LINE SUBJECT TO TMC 18.235.060(d).
DIRECTOR FOR EACH PHASE. 3. THE CARE, MAINTENANCE, AND OWNERSHIP OF COMMON OPEN SPACE, PARKING AREAS, UTILITIES, PRIVATE STREETS, ACCESS WAYS,IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
3. NO BUILDING PERMITS SHALL BE ISSUED UNTIL THE PROPERTY DESCRIBED AS AREA 2 IS PLATTED. STORMWATER MANAGEMENT EASEMENTS, FENCING, AND LANDSCAPING SHALL BE THE RESPONSIBILITY OF THE OWNERS. ALL
4. NO BUILDING PERMITS SHALL BE ISSUED UNTIL STORMWATER MANAGEMENT PLANS PURSUANT TO TMC 13.335 ARE APPROVED, LANDSCAPING SHALL BE INSTALLED PURSUANT TO PHASING SCHEDULE AND PROPERLY MAINTAINED. IF ANY PORTION OF THE LANDSCAPED
INCLUDING GRANTING OF ANY NECESSARY STORMWATER MANAGEMENT EASEMENTS. MATERIAL DIES, IT SHALL BE REPLACED BY THE NEXT PLANTING SEASON. NOTARY PUBLIC
5. PURSUANT TO TMC 18.190, THE APPLICANT MUST RECORD THE MASTER PUD PLAN WITH THE SHAWNEE COUNTY REGISTER OF DEEDS4. TO MITIGATE NOISE FROM THE TRUCK AND TRAILER PARKING, PROVIDE COMBINATION OF A LANDSCAPE BERM AND OPAQUE FENCEMY COMMISSION EXPIRES:
ALONG
WITHIN SIXTY (60) DAYS UPON APPROVAL OF THE GOVERNING BODY. FAILURE BY THE APPLICANT TO RECORD THE PLAN WITHIN THE ZONED THE SOUTH, WEST AND NORTH PROPERTY BOUNDARY ADJACENT TO THE TRUCK TRAILER PARKING AREA WHERE THE SITE ABUTS LANDS
PRESCRIBED TIME PERIOD AND PROVIDE THE PLANNING DEPARTMENT WITH THE REQUIRED NUMBER OF COPIES OF THE RECORDED PLAN OR USED FOR A RESIDENTIAL LAND USE. ALONG THE WEST PROPERTY BOUNDARY, THE COMBINATION OF BERM AND OPAQUE
FENCE SHALL OBTAIN A MINIMUM HEIGHT OF 12 FEET ABOVE THE FINISHED GRADE OF THE TRUCK TRAILER PARKING AND STORAGE AREA.
WITHIN NINETY (90) DAYS OF THE DATE OF ACTION BY THE GOVERNING BODY SHALL RENDER THE ZONING PETITION NULL AND VOID. BERM HEIGHT STARTS AT 6', SLOPE IS 4 :1 ON SOUTH END AND GRADUALLY DECREASES AS YOU MOVE NORTH COINCIDING WITH THEAMENDMENT FINISH NOTE:
6. ANY EXPANSION OR INCREASE IN FLOOR AREA EXCEEDING 10% OF THE EXISTING BUILDINGS OR AS OTHERWISE INDICATED BY TMC GRADE OF PARKING LOT TO MAINTAIN THE DESIRED 12' MINIMUM ABOVE THE FINISH GRADE OF THE TRUCK TRAILER PARKING & STORAGE “THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
18.190.070 SHALL ONLY BE APPROVED BY MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT MASTER PLAN. THE ADDITION OFAREA. THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CITY OF TOPEKA,
ANY PRINCIPAL OR ACCESSORY BUILDINGS TO AREA 2 WILL REQUIRE APPROVAL OF AN AMENDMENT TO THE PUD MASTER PLAN IN 5. EXISTING MATURE (6 INCH DBH OR GREATER) TREES ALONG WEST AND NORTH PROPERTY LINE SHALL BE PRESERVED AND MAINTAINED. SHAWNEE COUNTY, KANSAS, AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 AND AS SET FORTH ON
ACCORDANCE WITH 18.190.070. FUTURE SITE DEVELOPMENT PLAN MUST INCLUDE A LANDSCAPE PLAN IDENTIFYING TREES TO BE PRESERVED. THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.”
7. STORMWATER MANAGEMENT EASEMENTS ARE(SME)
HEREBY ESTABLISHED AS SHOWN OR DESCRIBED TO PROVIDE FOR THE 6. ALL LANDSCAPE SETBACKS REQUIRED BY THIS MASTER PLAN SHALL BE MAINTAINED AS A PERVIOUS SURFACE AND BE DEVOID OF PARKING
MANAGEMENT OF STORM WATER INCLUDING, BUT NOT LIMITED TO, DETENTION, RETENTION, STORAGE AND TREATMENT OF STORM AND STORAGE AREAS, HARD SURFACES, AND STRUCTURES.
WATER. PROPERTY OWNERS AND THEIR ASSIGNS AND SUCCESSORS (PROPERTY OWNERS) AGREE TO INSTALL, CONSTRUCT, RECONSTRUCT,
REPLACE, ENLARGE, REPAIR, OPERATE AND PROVIDE PERPETUAL MAINTENANCE OF PIPE, FLUME, DITCH, SWALE, VEGETATIVE AREAS OR
MECHANICAL DEVICES FOR STORM WATER CONVEYANCE AND/OR TREATMENT, OR ANY IMPROVEMENTS IN THE SME FOR THE DRAINAGE BUILDING NOTES
AND/OR TREATMENT OF SAID STORM WATER. NO CHANGE TO THE GRADE, TOPOGRAPHY OR STORM WATER MANAGEMENT STRUCTURES 1. ALL BUILDINGS/STRUCTURES SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS.
AND IMPROVEMENTS IN THE SME SHALL BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE APPLICABLE PUBLIC WORKS DIRECTOR 2. THE OUTSIDE STORAGE OF VEHICLES (OTHER THAN TRUCKS UNLOADING/LOADING), EQUIPMENT AND MACHINERY SHALL NOT BE
OR DESIGNEE. PERMITTED. ALL DOCKS AND/OR LOADING AREAS SHALL BE ERECTED TO THE SIDE AND REAR YARDS AND NOT FRONT ON TO ANY PUBLIC
8. SETBACKS FOR TRUCK/TRAILER PARKING AREA: WITH A MINIMUM OF 60 FEET ALONG THE WEST PROPERTY LINE AND 200 FEET ALONG STREETTHE RIGHTS OF WAY. THERE SHALL BE NO LOADING/UNLOADING OF TRUCKS FROM THE SOUTH SIDE OF THE BUILDING. OVERNIGHT
NORTH PROPERTY LINE. PARKING OF SEMI-TRUCK TRAILERS IS NOT PERMITTED WITHIN AREA 1 ALONG THE SE CROCO OR SE 6th STREET STREET FACING FRONTAGES.
9. A DECIBEL LEVEL OF 60 OR LESS SHALL BE MAINTAINED ALONG WEST AND NORTH PROPERTY LINES ADJACENT TO THE TRUCK TRAILER ALL OVERNIGHT PARKING AND PARKING OF SEMI-TRUCKS NOT DIRECTLY UNLOADING AND LOADING SHALL BE CONTAINED WITHIN AREA 2
PARKING AREA. CITY STAFF SHALL BE ALLOWED ONTO THE SITE TO CONDUCT PERIODIC NOISE MEASUREMENTS AS NEEDED OR PROVIDEON AN APPROVED HARD SURFACE.
MEASUREMENTS FROM A THIRD PARTY. 3. A MINIMUM OF 50% OF THE MAIN ENTRY OF THE FRONT FACADE (EAST FACING) SHALL BE COMPRISED OF WINDOWS, DOOR OPENINGS.
10.USE AND DEVELOPMENT OF THE SITE IN ACCORDANCE WITH THE PLANNED UNIT DEVELOPMENT MASTER PLAN FOR RESER'S FINE THE MAIN ENTRY OF THE FRONT FACADE SHALL BE TREATED WITH ARCHITECTURAL FINISHES AND BE OF HIGH QUALITY DESIGN. THE 6TH ST.
FOODS-AMENDMENT #2 AS RECORDED AND AMENDED WITH THE OFFICE OF THE SHAWNEE COUNTY REGISTER OF DEEDS, SUBMITTAL AND FACADE (SOUTH FACING) SHALL CONTAIN A FORM OF ARCHITECTURAL VARIATIONS WITH RESPECT TO MATERIALS, TEXTURE, RELIEF, COLOR,
ADMINISTRATIVE APPROVAL OF A SITE PLAN REVIEW APPLICATION THAT DEMONSTRATES SATISFACTORY COMPLIANCE WITH ALL ETC. MECHANICAL, HEATING, AIR CONDITIONING/COOLING, AND ROOF MOUNTED EQUIPMENT SHALL BE SCREENED OR NOT VISIBLE FROM
CONDITIONS AND REQUIREMENTS ESTABLISHED BY THE PUD MASTER PLAN, THE CONSTRUCTION AND CONTINUED IMPLEMENTATION OF PUBLIC RIGHTS OF WAY AND LOCATED TO THE SIDE OR REAR YARDS.
ALL CONDITIONS OF APPROVAL THAT HAVE BEEN ESTABLISHED BY THE PUD MASTER PLAN. 4. BUILDING ELEVATIONS TO BE APPROVED AT THE TIME OF SITE DEVELOPMENT PLAN REVIEW AND SHALL BE SUBSTANTIALLY COMPLIANT
11.SEMI TRUCKS AND TRAILERS NORTH OF THE PRIMARY BUILDING AND WAITING TO LOAD OR UNLOAD MATERIALS OR PRODUCTS SHALL PARK WITH THOSE SUBMITTED AS AN EXHIBIT TO THE PUD MASTER PLAN.
NO CLOSER THAN 200 FEET FROM THE EAST PROPERTY LINE ALONG CROCO ROAD. 5. MAINTAIN ACCEPTABLE MINIMUM AIR QUALITY STANDARDS AS REGULATED BY KDHE.
12.THE NOISE LEVEL FROM BUILDINGS AND EQUIPMENT, AND TRUCKS RESULTING FROM RESERS ACTIVITY SHALL BE MAINTAINED TO 606. THERE SHALL BE NO DISCERNABLE ODORS EMITTING FROM THE WASTE WATER PRE-TREATMENT PROCESS BEYOND ANY PROPERTY LINES.
DECIBELS OR LESS WITHIN FIVE FEET OF THE PROPERTY LINE. 7. THE LOCATION OF TRASH AND RECYCLING RECEPTACLES SHALL BE DETERMINED AT THE SITE DEVELOPMENT STAGE TO ENSURE TRASH
AREAS ARE NOT OVERLY CONCENTRATED, ARE EFFECTIVELY SCREENED FROM PUBLIC AREAS, AND PROVIDE ADEQUATE CIRCULATION PROPERTY OWNER'S: DATE:
WITHIN THE OVERALL DEVELOPMENT. ALL SAID RECEPTACLES SHALL HAVE ENCLOSURES THAT SCREEN THE RECEPTACLES FROM VIEW AND RESER'S FINE FOODS INC. JUNE ST
1, 2024
ARE CONSTRUCTED WITH MATERIALS COMPATIBLE WITH THE FRONT FACADE OF THE PRINCIPAL BUILDING. OWNER ADDRESS: PROPERTY ADDRESS
ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614 BEAVERTON, OR 97075 TOPEKA, KS 66607
o: 785-272-4706 f: 785-272-4736
PUD 16/05B
STAFF REPORT – PLANNED UNIT DEVELOPMENT
TOPEKA PLANNING DEPARTMENT
PLANNING COMMISSION DATE: Monday, May 20, 2024
PUD16/5B – Reser’s Fine Foods Planned Unit Development
The Planning Commission conducted a public hearing for PUD16/5B on April 15, 2024 and closed the public hearing after
hearing testimony from four neighborhood residents. After much discussion, the Planning Commission voted 9-0-0 to
continue the item to the May 20th Planning Commission meeting, asking the proposed planned unit development (PUD)
master plan be revised to 1) include an explicit requirement that landscaped setbacks be maintained as a pervious surface
devoid of parking and storage areas, hard surfaces, or structures; and 2) require the addition of any buildings be approved
only by an amendment to the PUD master plan. The applicant has not objected to these two revisions. The master plan
attached to this report (received 5-8-2024) includes the revisions in the recommended conditions of approval at the April
15th meeting.
The Commission also directed the applicant and staff to provide information at the May 20th meeting regarding several
issues listed below. Staff recommends approval subject to conditions.
Noise Study to be Conducted by the Applicant after the April 15th Meeting
The applicant has provided the attached report on their Environmental Noise Level Survey conducted by Mobile
Health Diagnostics on April 17, 2024. Using a sound meter on a tripod at the northeast corner of the site, sound
measurements were taken in 15 minute increments from 5am to 8am and again at 8am to 1pm. The measurements
were taken near the north entrance from SE Croco Road across Croco Road from those properties whose owners
expressed complaints about noise. The survey concludes that “the existing production facility does not significantly
increase the sound level at the northeast corner of the property.”
The survey report is a technical document requiring explanation. The applicant will provide more information prior to
or at the May 20 Planning Commission meeting.
The Volume of Trucks Entering and Leaving the Site, and Truck Circulation on Site
Staff obtained additional traffic information from the applicant since the April 15th meeting. Ten to 15 trucks exit the
site using the northernmost driveway on Croco Road. The applicant has not stated specifically how many trucks enter
using that driveway. The volume of trucks using the north driveway will be unchanged as a result of the new truck-
trailer storage lot.
Reser’s has learned very recently that truck drivers have been traveling north on SE Croco Road to access the
highway / interstate system off of Seward Avenue. Reser’s intends to correct this “by working with (their) carrier
partners and adding signage to the exit onto Croco to direct any truck traffic south on Croco to access the highway
interstate system from SE 6th Avenue.”
The new truck-trailer storage lot will have a guard shack to check trucks in and out of the facility, which will direct the
large majority of truck traffic to enter and exit on 6th Avenue. Upon completion of the truck-trailer storage facility, 90 to
95 percent of all truck traffic will enter and exit the Reser’s site on 6th Avenue.
Possible Increase in the Height of the Berm Along the West Property Boundary
Since the April 15th meeting, the applicant has indicated they will increase the height of the berm substantially. The
details of the berm design will be presented at the May 20th meeting. In the Planning Commission votes to approve,
the master plan presented at the meeting may need to be revised to include a change in the required berm height.
Environmental Impact of Moving the Stream and Stream Buffer
The relocation of the stream buffer shown on the PUD master plan will require approval from City of Topeka Utilities
Department. Utilities staff will thoroughly analyze the relocation as part of the owner’s Stormwater Management
Plan submitted with the subdivision plat.
The relocated stream buffer must be found to comply with Chapter 17.10 of the Topeka Municipal Code. The review
and approval will ensure the relocated stream buffer protects the stream channel itself, as well as the stream bank by
providing a setback from the center of the waterway. Additionally, the relocated stream buffer will be reviewed for
how it achieves floodway protection, stream bank stabilization, erosion control, removal of sediments from the stream,
stormwater infiltration, prevention of pollutants entering waterways, creation of riparian habitat, and protection from
flooding. Once established, activities within the stream buffer such as grading and vegetation clearance are highly
restricted.
Heat Island Effect of the Proposed Truck and Trailer Storage Lot
An urban heat island (UHI) is characterized by the development of noticeably higher temperatures in urbanized areas
(cities) compared with the unurbanized countryside surrounding them. It is generally understood that increases in
hard, heat absorbing surfaces, the density of those surfaces, and the reduction in natural vegetation are the main
contributors to the UHI effect. The daytime temperature of normal asphalt is significantly hotter than the daytime
temperature over a vegetated surface, other conditions being equal. Lighter-colored, heat-reflecting materials have
some mitigating effect on the UHI compared to darker, less reflective surfaces.1 The UHI is the result of the
accumulation of hard surfaces, and UHI is not typically used to describe a single parking lot or building. It is not clear
as to how much asphalt, concrete, or other hard surfaces are necessary to contribute significantly to a UHI.
There are no Topeka planning policies or development regulations with the expressed purpose of reducing or
mitigating the UHI effect. Topeka regulations regarding building coverage per lot, building setbacks, and landscaping
likely help to prevent a worsening UHI. For example, the landscape requirements in chapter 18.235 of the zoning
code require one landscape island for every 24 spaces in a parking lot. These landscape islands may contain large
trees that shade the parking lot and lessen the potential heat on the parking lot, but it is not clear if landscape islands
in a single parking lot affect air temperature on adjacent properties.
Landscape islands with trees and use of light-colored concrete (instead of dark asphalt) are potential UHI mitigation
measures. Staff do not recommend these measures be required because they are not likely to have any discernible
positive effect on surrounding properties. Furthermore, the proposed truck and trailer storage lot comprises about 13
acres of the 42 acres (less than half) of Area 2 of the master plan, much less than what is permitted under typical
industrial sites, the storage lot is not open to the public, and the master plan requires preservation of many of the
mature trees along the west side of the storage lot.
Improvements to the Northeast Corner of the Existing Site
At the May 20th meeting Planning staff recommended this condition requiring additional landscaping along Croco
Road to address the concerns of neighbors about the visibility of trucks: The owner shall add landscaping to the
existing berm along the east property line south of the northernmost driveway entrance. The additional landscaping is
intended to provide a visual screen extending to a height of 6 feet measured from the current finished grade at the
property line.
The applicant indicated their willingness to satisfy this condition. It is recommended the additional landscaping be
installed before the end of the 2024 growing season (i.e. September 30, 2024).
PAGE 2
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
APPLICATION CASE NO PUD16/5B – Reser’s Fine Foods Planned Unit Development
REQUESTED ACTION / CURRENT AMENDMENT to the Master Planned Unit Development (PUD)
ZONING: Master Plan (I-1 uses) to include the property to the west at 3620 SE
6th Avenue/Street in the Reser’s Fine Food Master Planned Unit
Development Plan, which will enable the construction of storage lot
for the parking of approximately 405 semi-truck trailers.
APPLICANT / PROPERTY OWNER: Reser’s Fine Foods
APPLICANT REPRESENTATIVE: Kevin Holland, Cook, Flatt, and Strobel Engineers
PROPERTY ADDRESS & PARCEL ID: Generally lying at the northwest intersection of SE 6th Street and SE
Croco Road, addressed as 3620 SE 6th Avenue and 3728 SE 6th
Avenue
Parcels being added to the PUD master plan:
3600 SE 6th Avenue / 1083404001031020
3620 SE 6th / 1083404001031000
PARCEL SIZE: 84.7 acres (all parcels)
STAFF PLANNER(S): Michael Hall, AICP, Land Use Planning Manager
RECOMMENDATION: APPROVAL subject to conditions in the staff report
RECOMMENDED MOTION: I move to recommend APPROVAL to the Governing Body of the
proposed amended PUD Master Plan subject to the conditions
recommended by staff.
Site of Semi-Truck Trailer Parking Area as seen from SE 6th Ave.
PAGE 3
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
Existing Reser’s Plant, View from SE 6th and Croco Rd.
Existing Reser’s Plant, Northernmost Driveway on Croco Rd.
PROJECT AND SITE INFORMATION
PROPOSED USE / SUMMARY: The PUD allows the construction of a 560,000 sf truck trailer
storage lot for approximately 405 semi-truck trailers associated
with Reser’s at the NW corner of SE 6th and Croco Road and other
Reser’s operations at SE 6th and Deer Creek Parkway and SE 10th
and Deer Creek Parkway.
Truck and Trailer Storage: The proposed parking facility is
intended primarily for the parking of semi-trailers. Its primary use
for the parking and staging of trailers. Parking and staging of
tractors (trucks) and trailers combined is secondary. The staging
of trucks and trailers in combination will, for the most part, be for
not more than two hours and will occur mainly at the south end of
the lot near the guard shack. Most trailers stored without trucks
will be refrigerated and contain raw materials waiting for unloading
and processing or will contain finished goods waiting to be picked
PAGE 4
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
up. Refrigerated trailers will generate noise. The owner expects
up to one half of the potential 250 parked trailers will have their
refrigeration units running. That number could increase at times
of high peak demand which may occur during Summer.
DEVELOPMENT / CASE HISTORY: The location of the existing plant was annexed, platted and
rezoned to accommodate a Reser’s manufacturing and processing
facility in 2017 from “RR-1” to “PUD” (I-1 zoning).
PUD MASTER PLAN ELEMENTS
(PROPOSED): The PUD Master Plan is a regulating plan and not intended as
a site plan or landscape plan. The owner/applicant will be
required to submit a Site Development Plan (Site Plan Review
application) for review prior to application for building
permits. The Site Development Plan will be reviewed for
compliance with the conditions and requirements on the PUD
Master Plan.
DEVELOPMENT PHASING The applicant proposes a two – phased development of the site for
SCHEDULE: parking, along with any associated storm water detention to detain
and treat water runoff. Phase 1 of the semi-truck trailer lot
includes 255 spaces for trailers and Phase 2 includes and
additional 150 spaces. The Stormwater Management Plan will be
approved by the City of Topeka Department of Utilities at the time
of subdivision plat.
PARKING, CIRCULATION &
TRAFFIC: Semi-trucks will enter the parking lot on Area 2 directly from 6th
Avenue and across the stream channel from the plant on the east
and directly from SE 6th Avenue.
SETBACKS, AND DESIGN: For the semi-truck trailer parking lot (as shown on the master plan):
North – Approximately 500 ft. setback
South– 100’ parking setback
East – Not applicable / separated from east line by existing plant
West – 100 ft. and minimum 60ft. required setback
LANDSCAPING: A Landscape Plan subject to TMC 18.235 including parking lot
front yard setback and residential buffer yards will be required at
the time of Site Plan Review Application. The PUD Master Plan
gives the Planning Department the discretion to approve the
required setbacks and landscaping greater than what is typically
required by code.
SIGNAGE: “I-1” Light Industrial District use group unless otherwise stated
PROJECT DATA: Use: “I-1” use group for “Manufacturing and Processing, Types I
and II only.
VARIANCES REQUESTED: A variance to the stream buffer requirements (chapter 17.10 of
municipal code) from the City of Topeka Department of Utilities to
relocate the west stream has not been approved yet. The variance
PAGE 5
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
is required to allow the current location of the parking lot. If the
variance is not approved, the parking lot may need to be re-located
further west and north, moving it closer to the residential lots along
Rice Road.
COMPLIANCE WITH DEVELOPMENT STANDARDS AND GUIDELINES
The Master PUD Plan establishes development standards and guidelines, as indicated above.
OTHER FACTORS
SUBDIVISION PLAT: The site is not platted as a subdivision. An approved subdivision
plat including all un-platted property is required prior to issuance of
any permits.
TRANSPORTATION/MTPO: SE 6th Street is classified as a minor arterial and is a full five lane
arterial street extending east to the K-4 Highway/6th Street
interchange. SE Croco Road is classified as a minor arterial and is
two lanes north and three lanes south of SE 6th Street. A sidewalk
along SE 6th between the subject site and Rice Rd, bus stop on Croco
and improvements to SE Croco were made by Reser’s at the time of
site development. There is an existing sidewalk along SE 6th where
the proposed truck & trailer parking area fronts on 6th.
The CUP application includes a Level 2 – Traffic Impact Study
performed by the applicant. The traffic study with review comments
by the Topeka engineering staff are attached. Per the traffic study,
SE 6th and other affected streets have the capacity to accommodate
the proposed development without need for substantial
improvements to the existing streets.
UTILITIES: If required, utilities will be extended at the expense of the developer..
The existing Reser’s plant includes wastewater and water utilities.
The proposed truck trailer storage facility will not generate
wastewater. Use of additional water will be minimal and perhaps may
include irrigation for landscaping.
FLOOD HAZARDS, STREAM The property is affected by a Type II stream buffer transecting the
BUFFERS: property southwest to northeast. The conceptual location of the
storage lot will require approval of the stream channel relocation by
the Department of Utilities. Otherwise, the storage lot will be shifted
north and west of the currently depicted location on the master plan.
HISTORIC PROPERTIES: There are no “listed” historic properties in the neighborhood.
PAGE 6
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
NEIGHBORHOOD MEETING: The applicant held a Neighborhood Information Meeting on
Thursday, March 14, 2024. The major issues expressed at the
meeting were primarily related to: Landscape buffering and fencing
for screening, noise and light pollution from trucks, and existing
truck circulation at the plant. The applicant’s latest revision to the
PUD Master Plan (received April 2, 2024) and the conditions
recommended by staff are intended to address these issues. The
applicant’s report to the City is attached and outlines some
substantial concerns of the neighborhood with both the proposed
and existing development.
REVIEW COMMENTS BY CITY DEPARTMENTS AND EXTERNAL AGENCIES
ENGINEERING/STORMWATER: Detention and stormwater treatment for water quality are required to address any
increase in runoff from the new impervious surface contained within Area 2 attributed
to two100 year storms. The existing Stormwater Report and Management Plan
(February 28, 2017) and detention pond only addressed water quantity and quality
requirements for Area 1. A separate detention and treatment facility is required for
Area 2, as well as, approval of the relocation of the stream channel by the
Department of Utilities.
ENGINEERING/TRAFFIC: A Level 2- Traffic Impact Study was completed by the consultant as required by the
City Traffic Engineers assessing new trips generated compared to existing trips, on-
site circulation, and location of new proposed driveway openings along SE 6th
Avenue. The traffic study with review comments by the Topeka engineering staff are
attached. Per the traffic study, SE 6th and other affected streets have the capacity to
accommodate the proposed development without need for substantial improvements
to the existing streets.
FIRE: The Fire Department has indicated they do not foresee issues with the proposed PUD
amendment and will review and approve future plans prior to construction for access
and fire suppression requirements.
DEVELOPMENT SERVICES: Parking Lot Permits and Site Construction Activity Permits are required with each
phase of development prior to any land clearing, disturbance or grading on the site
KEY DATES
SUBMITTAL: February 16, 2024
NEIGHBORHOOD INFORMATION March 14, 2024
MEETING:
LEGAL NOTICE PUBLICATION: March 20, 2024
PROPERTY OWNER NOTICE March 22, 2024
MAILED:
PAGE 7
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
STAFF ANALYSIS
CHARACTER OF THE NEIGHBORHOOD:
The character of the surrounding neighborhood is varied. The lands immediately west and south of the property fronting
on SE Rice Road and SE 2nd Street consist of residential properties, mostly on narrow lots, of approximately 1 to 8 acres
in size (average lot size 2.8 acres). The primary commercial properties on the south side of SE 6th Avenue and south
of the site include Casey’s Convenience Store and a cabinet manufacturing establishment. A City of Topeka fire station
and the grounds of the women’s state penitentiary are at the southwest corner of SE 6th and Rice Road about 900 feet
west of the subject property. There is a convenience and liquor store at the NE corner of SE 6 th and Croco Road
approximately ½ mile to the east of the subject site.
The proposed PUD master plan, with conditions recommended by Planning staff, will not substantially alter the physical
character of the neighborhood. The master plan includes a requirement that many of the mature trees on the site be
preserved.
The applicant will take primary access to the site across a stream channel from SE 6th and their immediate property to the
east. A new gated access off of SE 6th Avenue will be provided with guard house on the SE 6th Avenue frontage.
The native vegetated area transecting the south and east property boundaries will provide a setback of 100 feet or more
and a natural buffer from SE 6th Avenue. The applicant has proposed relocating the channel. However, relocation of the
channel requires the approval by the State Division of Water Resources and City of Topeka Department of Utilities and
the site design is contingent upon this relocation of the channel. Staff has recommended minimum setbacks to the west
property line in the event the parking lot has to shift north and west to circumvent the channel.
ZONING OF PROPERTIES NEARBY:
The zoning of surrounding properties is “RR-1” Rural Residential Dwelling District to the west, “C-4” Commercial District
to the south and “I-1” Light Industrial District to the immediate south (Casey’s Convenience Store and Mobile Home
Park), and “R-1” Single Family Dwelling District to the southwest (Women’s State Prison). The existing Reser’s
processing plant (PUD / I-1) is located to the immediate east, separated by the stream channel, which provides a native
vegetated buffer strip. For now and the immediate future properties along the west and north boundaries of the site will
remain outside city limits and thus subject to Shawnee County zoning regulations.
LENGTH OF TIME THE PROPERTY HAS REMAINED VACANT AS ZONED OR USED FOR ITS CURRENT USE
UNDER THE PRESENT CLASSIFICATION:
The properties being added into the PUD Master Plan to allow trailer parking has been a rural single family residential
site since at least 1959 and intended for agricultural uses in the County. Until recently there was a single family residence
on the property. That residence has been removed. The surrounding properties west of Rice and south of 6th were
annexed in 1969 and 1986, respectively, and have remained predominantly for a mix of uses and rural residential lots.
SUITABILITY OF USES TO WHICH THE PROPERTY HAS BEEN RESTRICTED:
The property (Area 2 on the master plan; west of the existing Reser’s plant) appears to be suitable for uses under its
current RR-1 zoning. There may be other uses other than the current zoning to which the site is also well-suited. The
property may be suitable for single family or medium density residential development as the Reser’s plant (a light industrial
use) to the east is separated from the site by a stream buffer, which provides for a natural and native transition and barrier
to encroachment of incompatible development.
Area 2 on the master plan is also suitable for light industrial land use. The original PUD master plan was approved in
2017 and established the area for industrial development. Furthermore, the site is easily accessible to and from the major
highways of K-4, I-70 and the Kansas Turnpike. All infrastructure investments that have been made contribute to making
PAGE 8
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
the property desirable for industrial uses. These factors remain unchanged with the current rezoning and annexation
proposal.
CONFORMANCE TO THE COMPREHENSIVE PLAN:
If the annexation is approved, the subject property will lie within Tier 1 of the Urban Growth Area. The Land Use and
Growth Management Plan-2040 (LUGMP) indicates these areas are the first priority for future growth/urban development
if the full suite of urban infrastructure is readily available to the property or can be extended by the developer at a
reasonable cost. Therefore, approval of the annexation is required concurrently with approval of the PUD rezoning.
The proposed amended PUD master plan is consistent with The Land Use and Growth Management Plan (LUGMP) The
Comprehensive Plan Amendment case approved in 2017 amended the LUGMP and designated the area along SE 6th
Avenue/from Deer Creek Parkway to SE Croco Road “6th Avenue/Street Mixed Use Employment Corridor”. This
”Employment Corridor” was created because of the significant infrastructure investments made in transportation and
utilities. The category “permits employment related land uses if developed as a Planned Unit Development (PUD) with
high standards to mitigate the impacts upon residential. The standards should include landscaping, site design,
operational and building design considerations that meet the goal of a ‘clean’ land use compatible to surrounding properties
while promoting an appealing mixed-use corridor…”
As recommended, the PUD Master Plan is expected to exhibit a high standard of design to ensure a compatible
development with adjacent residential land uses along the north and west property boundaries.
THE EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTAL AFFECT NEARBY PROPERTIES:
The change in zoning to accommodate parking of truck trailers has the potential to detrimentally affect nearby residential
properties because of changes in the physical character of the site and noise for the staging of idling trucks and
refrigerated trailers. To a lesser extent there is potential for odor, pollution, lighting, stormwater, and traffic.
Requirements of the master plan will help to mitigate negative effects associated with noise, odor, lighting and other
negative external effects associated with unloading/loading and storage of semi-trucks on the site where it is adjacent to
residential use or zoning. The primary negative effect of the land use is anticipated to be from the noise generated by
refrigerated semi trailers waiting to load or unload. Information from various sources on the internet indicate the noise
level of refrigerated trailers to be 74 decibels, measured at the specific location of the refrigerated trailer, and is
comparable to the level of noise generated by a home vacuum cleaner (75 decibels) but much less than a snow blower
(85 decibels) or lawn mower (90 decibels). The PUD Master Plan requires a combination of berms, fencing, and
setbacks to reduce noise. The PUD Master Plan includes a requirement that the noise level be no more than 60
decibels measured along the west and north property lines. The noise level of normal conversation is 60 decibels
according to various sources. A landscape plan that demonstrates compliance with these requirements will be required
at the time of site plan review.
THE RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE DESTRUCTION OF THE VALUE
OF THE OWNER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL
LANDOWNER:
The proposed PUD master plan strikes an appropriate balance among the interests of adjacent property owners, the
general public, and the owner of the subject property. Potential negative effects of the development are mitigated by
setbacks, landscaping, fencing, landscaping and other requirements. The proposed PUD zoning provides for a light
industrial use but with development standards far exceeding what is required under I-1 light industrial zoning required for
truck and truck trailer parking. The proposed rezoning allows a large manufacturer and employer to maintain operations
and flourish, which benefits the general public Restricting the property to its current zoning prevents the owner from using
the site for truck trailer parking needed to support business operations. It is far from clear that restricting the property to
its current zoning or another low or medium density residential zoning will lead to residential development.
PAGE 9
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
AVAILABILITY OF PUBLIC SERVICES:
All essential public utilities, services and facilities are available to the area and will be extended at the expense of the
developer, if required. The applicant prepared a traffic impact study indicating the current adjacent street system to
have capacity to support the proposed land use without substantial improvements to transportation infrastructure.
COMPLIANCE WITH ZONING AND SUBDIVISION REGULATIONS:
The PUD Master Plan establishes development standards and guidelines as indicated or as conditioned in the staff report.
A subdivision plat for Reser’s Croco Subdivision #3 to include Area 2 of the master plan is required. Approval of a
Stormwater Management Plan will be required as a part of the subdivision plat approval process.
STAFF RECOMMENDATION
Based upon the above findings and analysis the Planning Department recommends APPROVAL of the proposed PUD
amendment, subject to the following conditions being depicted on the PUD Master Plan.
1. Add note under General Notes: “Use and development of the site in accordance with the Planned Unit
Development Master Plan for Reser’s Fine Foods-Amendment #2 as recorded and amended with the Office of
the Shawnee County Register of Deeds, submittal and administrative approval of a Site Plan Review
Application that demonstrates satisfactory compliance with all conditions and requirements established by the
PUD Master Plan, the construction and continued implementation of all conditions of approval that have been
established by the PUD Master Plan.”
2. Revise Phasing Schedule for Area 2 to reflect the phasing of the truck trailer parking area as the current note is
not correct.
3. Add the following to the end of Note #1: “…unless stated otherwise on the PUD Master Plan.”
4. Revise note #2 under General Notes to include: “… approved by the Planning Director for each phase…”
5. Under General Notes, in note #8, replace “60’ along the west and north property line” with A minimum of 60
feet along the west property line and 200 feet along the north property line”. The minimum 60’ and 200’
setbacks shall be depicted graphically on the master plan.
6. Under General Notes, in note #9, add “adjacent to the truck trailer parking area” at the end of the first
sentence. In the second sentence add “onto the site” after “allowed.”
7. Under General Notes, add note: Semi trucks and trailers north of the primary building and waiting to load or
unload materials or products shall park no closer than 200 feet from the east property line along Croco Road.
8. Under Variance Notes, delete note #1.
9. Revise note #2 under Variances to state: “Relocation of the western stream channel transecting Area 2 shall
require approval of a variance to TMC 17.10.080 by the City of Topeka Department of Utilities and approval by
the Division of Water Resources, if needed. If the variance is not approved, the trailer parking lot may be
shifted north and west with the exact location determined at the time of Site Plan Review Application provided
a minimum 60’ setback is still maintained from the edge of the parking lot to the west property line.”
10. Under Circulation, Parking & Traffic Notes, replace note #1 with 1. The quantity and design of accessible
parking shall comply with the Americans with Disabilities Act (ADA).
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PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
11. Under Signage Notes, delete note #1.
12. Under Signage Notes add note: One freestanding sign is permitted at each vehicular entrance from SE Croco
Road and SE 6th Avenue but shall be limited in size to 40 square feet and in height to 10 feet on Croco Road
and limited in size to 50 square feet and height to 15 feet on SE 6th Avenue.
13. The Landscape Notes heading, add “and Fencing” after “Landscape.”
14. Under Landscaping and Fencing Notes replace note #4 with: To mitigate noise from the truck and trailer
parking, provide combination of a landscape berm and opaque fence along the south, west, and north property
boundary adjacent to the truck trailer parking area where the site abuts lands zoned or used for a residential
land use. The combination of berm and opaque fence shall obtain a minimum height of 8 feet above the
finished grade of the truck trailer parking and storage area located, and the finished grade of the truck trailer
parking area shall be at an elevation of no less than 10 feet from the west property boundary.
15. Under Landscaping and Fencing Notes, in note # 5 add “shall be preserved and maintained” at the end of the
first sentence.
16. Under Building Notes, replace note #5 with “The noise level from buildings, equipment, and trucks on site shall
be maintained to 60 decibels or less within five feet of the property line.”
17. Add the following under Utility Notes: “Sewer and water shall be provided by the City of Topeka. Connections
and any required extensions shall be made at the expense of the developer.”
18. The owner shall add a fence, landscaping, or a combination of both to the berm along the east property line
south of the northernmost driveway entrance. The combination of berm, fence, and landscaping shall provide
a visual screen extending to a height of 6 feet measured from the current finished grade at the property line.
ATTACHMENTS:
PUD Master Plan Received 5-8-2024 (added for May 20, 2024 meeting)
Environmental Noise Level Survey (added for May 20, 2024 meeting)
Letter from Neighbor Sandra Campise (not included in April 15th packet but presented at April 15th meeting)
Aerial Map
Zoning Map
Future Land Use Map
Master PUD Plan
Traffic Impact Study with City Engineering Staff Comments
NIM report/attendance
1 Mohajerani, A., Bakaric, J., and Jeffrey-Bailey, T. (March 2017); The Urban Heat Island Effect, its Causes, and Mitigation,
with Reference to the Thermal Properties of Asphalt Concrete, Journal of Environmental Management.
PAGE 11
PUD #16/5B – Reser’s Fine Foods
Staff Report – Major Amendment Planned Unit Development – Revision #2
BOOK PAGE
MASTER PLANNED UNIT DEVELOPMENT PLAN DATE TIME
RESER'S FINE FOODS EAST DEVELOPMENT RECORDED WITH THE SHAWNEE COUNTY REGISTER OF DEEDS
AMENDMENT NO. 2 REBECCA J. NIOCE, REGISTER OF DEEDS
LEGEND DESCRIPTION
AREA 1 LEGAL DESCRIPTION:
LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., ALL IN SHAWNEE COUNTY, KANSAS.
AREA 2 LEGAL DESCRIPTIONS
INSTRUMENT NO. 2018R16128:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
0 200 400 P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
Feet THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123 FEET
PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00
SCALE: 1" = 200' FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST TO A
POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
AREA 2 QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
PHASE III (PROPOSED)
SEMI TRUCK PARKING 438.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER SECTION,
PHASE IV (PROPOSED FUTURE) 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
SEMI TRUCK PARKING SOUTH 108.00 FEET PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
SHAWNEE COUNTY, KANSAS.
INSTRUMENT NO. 2018R16057:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION;
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A LIMESTONE SET NEAR
A BLACK WALNUT TREE, SAID TREE MARKED BY THREE HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE
OF SAID QUARTER SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG SAID HEDGE AND
PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327 FEET TO A POINT 377.75 FEET SOUTH OF THE
NORTH LINE OF SAID QUARTER SECTION; THENCE WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE
NORTH LINE OF SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE WEST LINE OF SAID
QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE
SECTION LINE; THENCE EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE NORTH SIDE OF THE PUBLIC HIGHWAY,
532 FEET EAST FROM THE WEST LINE OF THE WEST HALF (W ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION
34, TOWNSHIP 11 SOUTH, RANGE 16; THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY, KANSAS;
AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST
OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST
QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123
FEET PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST
AREA 1 TO A POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER;
PHASE I THENCE CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
PHASE II SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
SITE 438.00 FEET; THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 229.00 FEET; THENCE
EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET
PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.
SE CROCO RD.
SE 6TH STREET
VICINITY MAP
No Scale
STREAM BUFFER NOTES TYPICAL TYPE II
1. RESTRICTION: - THERE SHALL BE NO CLEARING, GRADING, CONSTRUCTION OR DISTURBANCE OF VEGETATION EXCEPT AS STREAM BUFFER STREAMSIDE AREA - USES ALLOWED
PERMITTED UNDER SECTION 17.10.060 OF THIS CODE OR AS APPROVED BY THE PUBLIC WORKS DIRECTOR OR HIS OR HER 1.) NATIVE VEGETATION
DESIGNEE. 2.) FLOOD CONTROL
25' OUTER AREA 3.) FOOT PATHS/ROAD CROSSINGS
4.) UTILITY CORRIDORS
2. STREAM BUFFER EASEMENTS ARE HEREBY ESTABLISHED AS SHOWN TO PROVIDE FOR INFORMAL GREEN SPACE AND THE 25' STREAMSIDE AREA OUTER AREA - USES ALLOWED
NATURAL UNOBSTRUCTED OVERLAND FLOW OF SURFACE WATER IN EXISTING DRAINAGE WAYS. PROPERTY OWNER(S) SHALL (MINIMUM) 1.) NATIVE VEGETATION OR MANAGED LAWN
NOT PLACE PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS IN SAID EASEMENT. ALL MAINTENANCE WITHIN THE STREAM 2.) BIKING/HIKING PATHS
CENTERLINE OF WATERWAY
BUFFER EASEMENT (SBE) SHALL BE THE RIGHT, DUTY AND RESPONSIBILITY OF THE PROPERTY OWNER(S) OF THE PROPERTY IN 25' STREAMSIDE AREA 3.) FLOOD CONTROL
(MINIMUM) 4.) DETENTION/RETENTION STRUCTURE
WHICH THE EASEMENT IS SO LOCATED, HOWEVER, IF MAINTENANCE IS NEGLECTED OR SUBJECT TO OTHER UNUSUAL
5.) UTILITY CORRIDORS
CIRCUMSTANCES AND IS DETERMINED TO BE A HAZARD OR THREAT TO PUBLIC SAFETY BY THE DIRECTOR OF THE APPLICABLE 6.) STORMWATER BMP's
DEPARTMENT OF PUBLIC WORKS, CORRECTIVE MAINTENANCE MAY BE PERFORMED BY THE GOVERNING JURISDICTION WITH 25' OUTER AREA 7.) RESIDENTIAL YARDS/LANDSCAPE AREAS PROPERTY OWNER'S: DATE:
COSTS ASSESSED TO AND BORNE UPON SAID PROPERTY OWNER(S). OFFICIALS REPRESENTING THE APPLICABLE DEPARTMENT OF RESER'S FINE FOODS INC. MAY 8TH, 2024
ENGINEERS PUBLIC WORKS SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT FOR PURPOSES OF PERIODIC INSPECTION AND/OR OWNER ADDRESS: PROPERTY ADDRESS
CORRECTIVE MAINTENANCE. P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614
o: 785-272-4706 f: 785-272-4736
TOPEKA, KS 66607
BEAVERTON, OR 97075 PUD 16 / 05B
MASTER PLANNED UNIT DEVELOPMENT PLAN BOOK
DATE
PAGE
TIME
PERFORMANCE OBJECTIVE
RESER'S FINE FOODS EAST DEVELOPMENT
AREA 1
TO CONSTRUCT A FOOD PROCESSING AND PACKAGING FACILITY WITHIN A RESIDENTIAL/AGRICULTURAL SETTING WHILE REASONABLY
ACCOMMODATING THE OWNERS OF THE FACILITY AND SURROUNDING NEIGHBORHOOD.
AMENDMENT NO. 2
AREA 2 VARIANCE NOTES OWNER'S CERTIFICATE
TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT FOR SEMI-TRUCK TRAILERS INTENDED SOLELY FOR DIRECT USE BY SEMI-TRUCK 1. RELOCATION OF THE WESTERN STREAM CHANNEL TRANSECTING AREA 2 SHALL REQUIRE APPROVAL OF A VARIANCE TO TMC 17.10.080 RESER'S
BY FINE FOODS INC. OWNER, AGREES TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS AS SET FORTH ON
TRAILERS SERVING THE RESER'S PLANT FACILITIES LOCATED IN EAST TOPEKA WITHIN PROXIMITY TO THE SITE. ANY EXPANSION OF BUILDINGS
THE CITY OF TOPEKA DEPARTMENT OF UTILITIES AND APPROVAL BY THE DIVISION OF WATER RESOURCES, IF NEEDED. IF THE VARIANCE THEISMASTER PUD PLAN.
WITHIN AREA 2 SHALL REQUIRE A MAJOR PUD AMENDMENT. NOT APPROVED, THE TRAILER PARKING LOT MAY BE SHIFTED NORTH AND WEST WITH THE EXACT LOCATION DETERMINED AT THE TIME OF
SITE PLAN REVIEW APPLICATION PROVIDED A MINIMUM 75' BUILDING SETBACK IS STILL MAINTAINED FROM THE EDGE OF THE PARKING IN LOT
TESTIMONY WHEREOF: THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, RESER'S FINE FOOD INC. HAS SIGNED
DEVELOPMENT PHASING SCHEDULE TO THE WEST PROPERTY LINE. THESE PRESENTS THIS DAY OF , 2024.
AREA 1
PHASE I (2017-2018) - CONSTRUCT 318,000 SF FACILITY, CONSTRUCT DECELERATION LANE INTO WESTTH ST.,
ENTRANCE
WIDENING
OFFOF
SE 6 UTILITY NOTES
SE CROCO RD. TO ACCOMMODATE INDUSTRIAL WIDTH 3 LANE ROADWAY THROUGH THE NORTH PROPERTY BOUNDARY ALONG SE CROCO RD.
1. LIGHTING SHALL BE FULL CUT OFF, SHIELDED & RECESSED WITH CUT-OFF ANGLES TO PREVENT THE CAST OF LIGHTING BEYOND THE
AND THEN TAPERING TO EXISTING WIDTH. (NOT SHOWN), CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5' STANDARD) ALONG THE NORTH SIDE & NOT EXCEED 3 FOOT CANDLES AS MEASURED AT THE PROPERTY LINE. EXTERIOR LIGHTING SHALL FOLLOW ACCEPTED PAUL LEAVY, CHIEF FINANCIAL OFFICER
OF SE 6TH ST TO CONNECT WITH THE SIDEWALK THAT TERMINATES JUST EAST OF RICE RD., CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5'PROPERTY RESER'S FINE FOODS INC.
NATIONAL GUIDELINES FOR PARKING LOT LIGHTING (I.E. CPTED). THE TYPE, ILLUMINATION, POLE HEIGHT & QUANTITY OF NEW PARKING
STANDARD) ALONG THE WEST SIDE OF SE CROCO RD. THE LENGTH OF THE PROPERTY'S FRONTAGE. LOT LIGHTING SHALL BE APPROVED BY THE TOPEKA PLANNING DEPARTMENT AT THE TIME OF PERMIT APPROVAL BY DEVELOPMENT
PHASE II (2022-2028) CONSTRUCT 85,000 SF STORAGE AND DISTRIBUTION BUILDING THAT WILL BE ATTACHED TO THE PHASE I MAIN SERVICES. A FOOT CANDLE ANALYSIS WILL BE APPROVED AT THE SITE DEVELOPMENT PLAN STAGE.
STRUCTURE. (NORTH OF EXISTING BUILDING WITHIN EXISTING PARCEL) 2. ALL UTILITIES SHALL BE PLACED UNDERGROUND PURSUANT TO THE CITY'S RIGHT-OF-WAY MANAGEMENT STANDARDS. STATE OF KANSAS) ss
AREA 2 3. SEWER AND WATER SHALL BE PROVIDED BY THE CITY OF TOPEKA. CONNECTIONS AND ANY REQUIRED EXTENSIONS SHALL BE MADE AT COUNTY
THE OF SHAWNEE) ss
PHASE III CONSTRUCT PARKING LOT WITH 255 SEMI TRUCK SPACES PROVIDED. EXPENSE OF THE DEVELOPER. BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
PHASE IV CONSTRUCT ADDITIONAL PARKING LOT WITH 150 SEMI TRUCK SPACES PROVIDED. SAID COUNTY AND STATE, CAME PAUL LEAVY, CHIEF FINANCIAL OFFICE, RESER'S FINE FOODS INC., WHO IS PERSONALLY
KNOWN TO BE THE SAME PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY
CIRCULATION, PARKING & TRAFFIC NOTES ACKNOWLEDGED THE EXECUTION OF THE SAME.
PROJECT DATA 1. THE QUANTITY AND DESIGN OF ACCESSIBLE PARKING SHALL COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
AREA 1 2. A 40 FT. SIGHT TRIANGLE, MEASURED FROM THE FACE OF CURB EXTENDED, SHALL BE MAINTAINED AT ALL ENTRANCES; NO OBSTRUCTIONSIN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
ZONING: I-1 USES.FOR WAREHOUSING/DISTRIBUTION AND MANUFACTURING AND PROCESSING, TYPES I AND II ONLY GREATER THAN (30) INCHES ABOVE GRADE OF ANY ADJACENT STREET OR ENTRANCE MAY BE PLACED WITHIN THIS AREA.
ALL OTHER USES LISTED IN 18. 60 ARE NOT PERMITTED. 3. ACCESS OPENINGS SHALL BE ALLOWED AS DEPICTED ON THE PLAN.
MAXIMUM DENSITY: N/A PER I-1 STANDARDS NOTARY PUBLIC
4. ALL NEW DRIVES, STREETS, PARKING AREAS, APPROACHES AND WALKS SHALL BE CONSTRUCTED TO CITY OF TOPEKA STANDARDS. MY COMMISSION EXPIRES:
MAXIMUM BUILDING COVERAGE RATIO: 85% 5. ALL DRIVES, LANES & PRIVATELY OWNED ACCESS WAYS PROVIDING ACCESSIBILITY TO STRUCTURES, BUILDINGS AND USES WITHIN THE
MINIMUM LOT AREA: 10,000 SF PLANNED UNIT DEVELOPMENT SHALL BE CONSIDERED AND SERVE AS MUTUAL RIGHTS OF ACCESS TO OWNERS, TENANTS, INVITED GUESTS,
TOTAL STRUCTURES (PROPOSED): SINGLE STORY BUILDING CLIENTS, EMPLOYEES, CUSTOMERS, SUPPORT AND UTILITY PERSONNEL AND EMERGENCY SERVICE PROVIDERS, INCLUDING LAW
TOTAL MAXIMUM BUILDING AREA: 317,190 SF ENFORCEMENT, FIRE PROTECTION AND AMBULANCE SERVICES. ALL ACCESS WAYS PROVIDING GENERAL ACCESSIBILITY TO, AND CERTIFICATION OF MASTER PUD PLAN APPROVAL
281,000 SF PRODUCTION CIRCULATION AMONG, THE USES WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE MAINTAINED AT ALL TIMES IN GOOD SERVICEABLE
CONDITION WITH THE MAINTENANCE OF SAID ACCESS WAYS BEING THE RESPONSIBILITY OF THE OWNER. THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
27,850 SF OFFICE/EMPLOYEE SERVICE THE PROVISIONS
6. IF ANY IMPROVEMENTS TO THE SITE ARE REQUIRED BY THE TRAFFIC ANALYSIS AS APPROVED BY THE CITY TRAFFIC ENGINEER, THEY SHALL BE COUNTY,OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CIT Y OF TOPEKA,
640 SF COVER OUTDOOR BREAK AREA SHAWNEE
COMPLETED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EACH PHASE OF DEVELOPMENT. AS SET FORTH ON THIS KANSAS AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 OF SAID CHAPTER AND
5,000 SF COVERED TRASH COLLECTION AREA DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.
MAJOR AMENDMENT
2,700 SF AMMONIA ROOM APPROVAL TO CONSTRUCT A TRAILER PARKING LOT ON THE PORTION DESCRIBED AS AREA 2. USE AND MAINTENANCE
PARCEL SIZE: 43.03 ACRES±
SIGNAGE NOTES OF THE PARKING LOT SHALL BE BY RESER'S FINE FOOD INC OR TO ALLOW STORAGE OF TRAILERS SERVING OPERATIONS
1. SIGNS SHALL BE APPROVED BY SEPARATE SIGN PERMIT APPLICATION. WITHIN THE VICINITY OF SE 6TH AND CROCO.
PARKING CALCULATIONS: PH I & PH II
2. TMC 18.10 SHALL GOVERN ALL OTHER SIGNS UNLESS SPECIFICALLY STATED HEREIN. ALL INCIDENTAL SIGNAGE SHALL COMPLY WITH TMC
508 SPACES PROVIDED (499 STANDARD + 9 HANDICAP) 18.10.130(i) BY ZONING USE GROUP.
417 REQUIRED (1 SPACE / 600 SQ. FT UP TOSQ.
25,000
FT.; 1 SPACE / 1000 SQ. FT. THEREAFTER) 3. ONE FREESTANDING SIGN IS PERMITTED AT EACH VEHICULAR ENTRANCE FROM SE CROCO ROAD AND SE 6TH AVENUE BUT SHALL BE
24 BIKE SPACES PROVIDED LIMITED IN SIZE TO 40 SQUARE FEET AND IN HEIGHT TO 10 FEET ON SE CROCO ROAD AND LIMITED IN SIZE TO 50 SQUARE FEET AND HEIGHT
TO 15 FEET ON SE 6TH AVENUE.
AREA 2 DAN WARNER, PLANNING DIRECTOR DATE
ZONING: I-1, USES, FOR SEMI-TRUCK TRAILER PARKING LOT. LANDSCAPING AND FENCING NOTES
PARCEL SIZE: 42.04 ACRES ± 1. ALL LANDSCAPING SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS UNLESS PRESCRIBED OTHERWISE STATED IN
PARKING CALCULATIONS: PH III & PH IV THIS DOCUMENT. SITE SPECIFIC LANDSCAPE PLANS ADDRESSING POINT QUANTITIES, SPECIES, AND LOCATION SHALL BE SUBMITTED AND STATE OF KANSAS) ss
255 SEMI TRUCK SPACES PROVIDED, PHASE III APPROVED PRIOR TO ISSUANCE OF ANY PERMITS. COUNTY OF SHAWNEE) ss
150 SEMI TRUCK SPACES PROVIDED , PHASE IV 2. LANDSCAPE PLANS SHALL BE PROVIDED THAT ARE CONSISTENT WITH TMC 18.235 LANDSCAPE REGULATIONS. THE SPECIFIC TYPES, AND BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
QUANTITIES SHALL BE APPROVED BASED ON THE LANDSCAPE PLAN SUBMITTED AT THE SITE PLAN REVIEW APPLICATION STAGE. "AN SAID COUNTY AND STATE, CAME DAN WARNER, PLANNING DIRECTOR, WHO IS PERSONALLY KNOWN TO BE THE SAME
GENERAL NOTES ATTRACTIVE MIX OF EVERGREEN, SHRUBS, AND DECIDUOUS TREES ALONG THE PROPERTY'S STREET FRONTAGES AND WHERE ADJACENT TO WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY ACKNOWLEDGED THE
PERSON
SINGLE-FAMILY RESIDENCES ON THE WEST AND NORTH SIDES AT THE TIME OF DEVELOPMENT OF FUTURE PHASES. AN IMPERVIOUS EXECUTION OF THE SAME.
1. THE BASE ZONING OF I-1 SHALL APPLY UNLESS STATED OTHERWISE ON THE PUD MASTER PLAN. SCREENING BARRIER, BERMS OR COMBINATION LANDSCAPING AND BERMS SHALL BE PROVIDED ALONG THE LENGTH OF THE WEST
2. NO BUILDING PERMITS SHALL BE ISSUED UNTIL INDIVIDUAL SITE DEVELOPMENT PLANS SUBJECT TO TMC 18. 190. 060(C) HAVE BEEN PROPERTY LINE SUBJECT TO TMC 18.235.060(d).
REVIEWED AND APPROVED BY THE PLANNING DIRECTOR. THESE SITE PLANS SHALL ADDRESS INDIVIDUAL BUILDING SITE LOCATIONS, 3. THE CARE, MAINTENANCE, AND OWNERSHIP OF COMMON OPEN SPACE, PARKING AREAS, UTILITIES, PRIVATE STREETS, ACCESS WAYS,IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
OFF-STREET PARKING AND INTERNAL CIRCULATION, FIRE HYDRANTS, LANDSCAPING, PEDESTRIAN CONNECTIVITY, EXTERNAL LIGHTING, STORMWATER MANAGEMENT EASEMENTS, FENCING, AND LANDSCAPING SHALL BE THE RESPONSIBILITY OF THE OWNERS. ALL
SIGNAGE, BUILDING ELEVATIONS, UTILITIES, STORM WATER, RELATIONSHIP TO ADJACENT LOTS, ETC., APPROVED BY THE PLANNING LANDSCAPING SHALL BE INSTALLED PURSUANT TO PHASING SCHEDULE AND PROPERLY MAINTAINED. IF ANY PORTION OF THE LANDSCAPED
DIRECTOR FOR EACH PHASE. MATERIAL DIES, IT SHALL BE REPLACED BY THE NEXT PLANTING SEASON. NOTARY PUBLIC
3. NO BUILDING PERMITS SHALL BE ISSUED UNTIL THE PROPERTY DESCRIBED AS AREA 2 IS PLATTED. 4. TO MITIGATE NOISE FROM THE TRUCK AND TRAILER PARKING, PROVIDE COMBINATION OF A LANDSCAPE BERM AND OPAQUE FENCEMY COMMISSION EXPIRES:
ALONG
4. NO BUILDING PERMITS SHALL BE ISSUED UNTIL STORMWATER MANAGEMENT PLANS PURSUANT TO TMC 13.335 ARE APPROVED, THE SOUTH, WEST AND NORTH PROPERTY BOUNDARY ADJACENT TO THE TRUCK TRAILER PARKING AREA WHERE THE SITE ABUTS LANDS
INCLUDING GRANTING OF ANY NECESSARY STORMWATER MANAGEMENT EASEMENTS. ZONED OR USED FOR A RESIDENTIAL LAND USE. ALONG THE WEST PROPERTY BOUNDARY, THE COMBINATION OF BERM AND OPAQUE
5. PURSUANT TO TMC 18.190, THE APPLICANT MUST RECORD THE MASTER PUD PLAN WITH THE SHAWNEE COUNTY REGISTER OF DEEDS FENCE SHALL OBTAIN A MINIMUM HEIGHT OF 10 FEET ABOVE THE FINISHED GRADE OF THE TRUCK TRAILER PARKING AND STORAGE AREA.
WITHIN SIXTY (60) DAYS UPON APPROVAL OF THE GOVERNING BODY. FAILURE BY THE APPLICANT TO RECORD THE PLAN WITHIN THE 5. EXISTING MATURE (6 INCH DBH OR GREATER) TREES ALONG WEST AND NORTH PROPERTY LINE SHALL BE PRESERVED AND MAINTAINED. AMENDMENT NOTE:
PRESCRIBED TIME PERIOD AND PROVIDE THE PLANNING DEPARTMENT WITH THE REQUIRED NUMBER OF COPIES OF THE RECORDED PLAN FUTURE SITE DEVELOPMENT PLAN MUST INCLUDE A LANDSCAPE PLAN IDENTIFYING TREES TO BE PRESERVED. “THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
WITHIN NINETY (90) DAYS OF THE DATE OF ACTION BY THE GOVERNING BODY SHALL RENDER THE ZONING PETITION NULL AND VOID.6. THE OWNER SHALL ADD LANDSCAPING, TO THE EXISTING BERM ALONG THE EAST PROPERTY LINE SOUTH OF THE NORTHERNMOST THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CITY OF TOPEKA,
6. ANY EXPANSION OR INCREASE IN FLOOR AREA EXCEEDING 10% OF THE EXISTING BUILDINGS OR AS OTHERWISE INDICATED BY TMC DRIVEWAY ENTRANCE. THE COMBINATION OF EXISTING BERM, AND ADDITIONAL LANDSCAPING SHALL PROVIDE A VISUAL SCREEN SHAWNEE COUNTY, KANSAS, AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 AND AS SET FORTH ON
THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.”
18.190.070 SHALL ONLY BE APPROVED BY MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT MASTER PLAN. EXTENDING TO A HEIGHT OF 6 FEET MEASURED FROM THE CURRENT FINISHED GRADE AT THE PROPERTY LINE.
7. STORMWATER MANAGEMENT EASEMENTS ARE(SME)
HEREBY ESTABLISHED AS SHOWN OR DESCRIBED TO PROVIDE FOR THE
MANAGEMENT OF STORM WATER INCLUDING, BUT NOT LIMITED TO, DETENTION, RETENTION, STORAGE AND TREATMENT OF STORMBUILDING NOTES
WATER. PROPERTY OWNERS AND THEIR ASSIGNS AND SUCCESSORS (PROPERTY OWNERS) AGREE TO INSTALL, CONSTRUCT, RECONSTRUCT,
REPLACE, ENLARGE, REPAIR, OPERATE AND PROVIDE PERPETUAL MAINTENANCE OF PIPE, FLUME, DITCH, SWALE, VEGETATIVE AREAS 1. ORALL BUILDINGS/STRUCTURES SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS.
MECHANICAL DEVICES FOR STORM WATER CONVEYANCE AND/OR TREATMENT, OR ANY IMPROVEMENTS IN THE SME FOR THE DRAINAGE 2. THE OUTSIDE STORAGE OF VEHICLES (OTHER THAN TRUCKS UNLOADING/LOADING), EQUIPMENT AND MACHINERY SHALL NOT BE
AND/OR TREATMENT OF SAID STORM WATER. NO CHANGE TO THE GRADE, TOPOGRAPHY OR STORM WATER MANAGEMENT STRUCTURES PERMITTED. ALL DOCKS AND/OR LOADING AREAS SHALL BE ERECTED TO THE SIDE AND REAR YARDS AND NOT FRONT ON TO ANY PUBLIC
AND IMPROVEMENTS IN THE SME SHALL BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE APPLICABLE PUBLIC WORKS DIRECTOR STREET RIGHTS OF WAY. THERE SHALL BE NO LOADING/UNLOADING OF TRUCKS FROM THE SOUTH SIDE OF THE BUILDING. OVERNIGHT
OR DESIGNEE. PARKING OF SEMI-TRUCK TRAILERS IS NOT PERMITTED WITHIN AREA 1 ALONG THE SE CROCO OR SE 6th STREET STREET FACING FRONTAGES.
8. SETBACKS FOR TRUCK/TRAILER PARKING AREA: WITH A MINIMUM OF 60 FEET ALONG THE WEST PROPERTY LINE AND 200 FEET ALONG ALL THE OVERNIGHT PARKING AND PARKING OF SEMI-TRUCKS NOT DIRECTLY UNLOADING AND LOADING SHALL BE CONTAINED WITHIN AREA 2
NORTH PROPERTY LINE. ON AN APPROVED HARD SURFACE.
9. A DECIBEL LEVEL OF 60 OR LESS SHALL BE MAINTAINED ALONG WEST AND NORTH PROPERTY LINES ADJACENT TO THE TRUCK TRAILER3. A MINIMUM OF 50% OF THE MAIN ENTRY OF THE FRONT FACADE (EAST FACING) SHALL BE COMPRISED OF WINDOWS, DOOR OPENINGS.
PARKING AREA. CITY STAFF SHALL BE ALLOWED ONTO THE SITE TO CONDUCT PERIODIC NOISE MEASUREMENTS AS NEEDED OR PROVIDETHE MAIN ENTRY OF THE FRONT FACADE SHALL BE TREATED WITH ARCHITECTURAL FINISHES AND BE OF HIGH QUALITY DESIGN. THE 6TH ST.
MEASUREMENTS FROM A THIRD PARTY. FACADE (SOUTH FACING) SHALL CONTAIN A FORM OF ARCHITECTURAL VARIATIONS WITH RESPECT TO MATERIALS, TEXTURE, RELIEF, COLOR,
10.USE AND DEVELOPMENT OF THE SITE IN ACCORDANCE WITH THE PLANNED UNIT DEVELOPMENT MASTER PLAN FOR RESER'S FINE ETC. MECHANICAL, HEATING, AIR CONDITIONING/COOLING, AND ROOF MOUNTED EQUIPMENT SHALL BE SCREENED OR NOT VISIBLE FROM
FOODS-AMENDMENT #2 AS RECORDED AND AMENDED WITH THE OFFICE OF THE SHAWNEE COUNTY REGISTER OF DEEDS, SUBMITTAL AND PUBLIC RIGHTS OF WAY AND LOCATED TO THE SIDE OR REAR YARDS.
ADMINISTRATIVE APPROVAL OF A SITE PLAN REVIEW APPLICATION THAT DEMONSTRATES SATISFACTORY COMPLIANCE WITH ALL 4. BUILDING ELEVATIONS TO BE APPROVED AT THE TIME OF SITE DEVELOPMENT PLAN REVIEW AND SHALL BE SUBSTANTIALLY COMPLIANT
CONDITIONS AND REQUIREMENTS ESTABLISHED BY THE PUD MASTER PLAN, THE CONSTRUCTION AND CONTINUED IMPLEMENTATION OF WITH THOSE SUBMITTED AS AN EXHIBIT TO THE PUD MASTER PLAN.
ALL CONDITIONS OF APPROVAL THAT HAVE BEEN ESTABLISHED BY THE PUD MASTER PLAN. 5. MAINTAIN ACCEPTABLE MINIMUM AIR QUALITY STANDARDS AS REGULATED BY KDHE.
11.SEMI TRUCKS AND TRAILERS NORTH OF THE PRIMARY BUILDING AND WAITING TO LOAD OR UNLOAD MATERIALS OR PRODUCTS SHALL 6. PARK
THERE SHALL BE NO DISCERNABLE ODORS EMITTING FROM THE WASTE WATER PRE-TREATMENT PROCESS BEYOND ANY PROPERTY LINES.
NO CLOSER THAN 200 FEET FROM THE EAST PROPERTY LINE ALONG CROCO ROAD. 7. THE LOCATION OF TRASH AND RECYCLING RECEPTACLES SHALL BE DETERMINED AT THE SITE DEVELOPMENT STAGE TO ENSURE TRASH
12.THE NOISE LEVEL FROM BUILDINGS AND EQUIPMENT, AND TRUCKS RESULTING FROM RESERS ACTIVITY SHALL BE MAINTAINED TO 60 AREAS ARE NOT OVERLY CONCENTRATED, ARE EFFECTIVELY SCREENED FROM PUBLIC AREAS, AND PROVIDE ADEQUATE CIRCULATION
DECIBELS OR LESS WITHIN FIVE FEET OF THE PROPERTY LINE. WITHIN THE OVERALL DEVELOPMENT. ALL SAID RECEPTACLES SHALL HAVE ENCLOSURES THAT SCREEN THE RECEPTACLES FROM VIEW AND
ARE CONSTRUCTED WITH MATERIALS COMPATIBLE WITH THE FRONT FACADE OF THE PRINCIPAL BUILDING. PROPERTY OWNER'S: DATE:
RESER'S FINE FOODS INC. MAY 8TH, 2024
OWNER ADDRESS: PROPERTY ADDRESS
ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614 BEAVERTON, OR 97075 TOPEKA, KS 66607
o: 785-272-4706 f: 785-272-4736
PUD 16/05B
ENVIRONMENTAL NOISE LEVEL
SURVEY
Prepared for:
Reser’s Fine Food
3728 Southeast 6th Street
Topeks, Kansas 66607
April 26, 2024
This document has been prepared by Mobile Health Diagnostics. The material and data in this report were
prepared under the supervision and direction of the undersigned.
___________________________
Troy Bouman, PhD
Acoustical Engineer
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Table of Contents
Acronyms ................................................................................................................................................................................ 2
1. Introduction ................................................................................................................................................................. 3
2. Methodology .................................................................................................................................................................. 3
3. Results ........................................................................................................................................................................... 4
4. Conclusions .................................................................................................................................................................... 5
5. References ................................................................................................................................................................... 6
6. LIMITATIONS ................................................................................................................................................................ 6
Appendix A – Calibration Certificates ..................................................................................................................................... 7
Acronyms
dB Decibel reference 20uPa
dBZ Unweighted decibel
dBA A-weight decibel. A-weighting reflects how humans perceive sound.
SLM Sound level meter
SPL Sound pressure level
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1. Introduction
Mobile Health Diagnostics was contracted to perform environmental noise level testing at Reser’s Fine Food
site located at 3728 Southeast 6th Street Topeks, KS 66607. The goal of the testing was to understand the
sound levels of the production facility and ambient environment in the northeast corner of the property. There
is no specific dB requirement in the Topeks ordinance [1] to specifically compare to, but does say:
9.45.170
a) It shall be unlawful for any person to make, continue or allow to be made or continued any excessive,
unnecessary, unusual or loud noise which injures or endangers the comfort, repose, health, or safety of any
person of reasonable sensibilities, or which interferes with the use or enjoyment of property of any person of
reasonable sensibilities, unless the making and continuing of such noise is necessary for the protection and
preservation of property or the health and safety of an individual; provided, that the provisions of this article
shall not apply to such occasional and infrequent uses as authorized by resolution approved by the City
Council, upon a showing by an applicant and determination by the Council that the proposed use does not
offend the spirit of the findings of TMC 9.45.150.
The testing was conducted on April 17, 2024.
2. Methodology
A sound level meter (SLM) was placed on a tripod and located in the northeast corner of the property. The
measurement location is shown in red in Figure 1.
Figure 1: Map showing data collection location highlighted in red.
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Sound was recorded in 15 minute increments from 5am – 8am, when the facility was shut down, but ~40 air-
conditioned trailers were running ~200 yards away. Sound was again recorded from 8am – 1pm when the
facility as well as the trailers were operational. From that data, Unweighted (i.e. LZeq) and A-weighted average
levels were recorded (i.e. LAeq). The measurements were made using a Quest Sound Pro sound level meter,
SN BIX100007 set to slow response. The sound level meter was calibrated before and after each testing day
using a 3M AC-300 calibrator, SN AC3000009137, and were within 0.5dB between each calibration. The
calibration certificates for the equipment can be found in Appendix A. The weather on testing day was 61F,
58% humidity, and 29.75 inHg pressure.
3. Results
The results for the testing are shown in Table 1. The results are interesting in that the levels were slightly
louder on average from 5am to 8am than from 8am to 1pm. This is somewhat counter intuitive, but the levels
are not that different from each other (humans can only perceived a > 3dB change). So the main conclusion
to take away is that the production facility does not significantly increase the sound level at the northeast
property line. Note that the ~40 A/C trailers were running during the whole test so the levels without those
trailers are unknown.
Additionally, the LAeq levels are well below the 85 dBA OSHA exposure threshold. So there is no health risk
from this sound exposure when viewing it from the city ordinance 9.45.170a health concern (see above).
Table 1: Overall sound pressure levels A-weighted (human perceived levels) and Z-weighted (i.e. Unweighted).
Time Facility Trailers LAeq LZeq
5a-8a Off On 58.9 88.1
8a-1p On On 57.5 82.6
Figure 2 shows the average sound levels every 15 minutes from 5am-8am. Looking at the y axis, the levels are
very similar (i.e. the sound level is not fluctuating significantly during the measurement).
Figure 2: LAeq levels every 15 minutes from 5am-8am
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Figure 3 looks at the frequency content from the data. It shows that from 5a-8a there was higher low
frequency (i.e. < 80Hz) energy content than from 8a-1pm, but humans don’t hear these frequencies well that
is why the overall LAeq from Table 1 is not much different. Additionally, Figure 3 shows that the acoustic
energy is evenly spread across the frequency range (i.e. there is not a specific tone that is driving the overall
levels).
Figure 3: A-weighted 1/1 Octave frequency comparison data.
4. Conclusions
Acoustic data were acquired at Reser’s Fine Foods’ site located at 3728 Southeast 6th Street Topeks, KS 66607.
The testing involved recording data from 5am until 1pm at a single location on the northeast property line. In
general, the A-weighted sound pressure levels were around 58 dBA and the unweighted levels were around
86 dBZ. Based on the limited city ordinance requirements, Reser is in compliance and does not need any
mitigation. If Reser is looking to add A/C trailer parking in the future, the MHD team would recommend
another data collection phase with all the additional trailers in place. If the levels exceed 85 dBA at that time,
MHD can recommend mitigation strategies. For example, a large berm taller than the trailers would provide
the most benefit. Additionally, trees or an appropriate sound fence would help reflect the sound energy away
from the neighbors, but would need to be of sufficient height and mass to target down to 50 Hz.
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5. References
[1] Topeks City Ordinance on Noise https://topeka.municipal.codes/TMC/9.45_ArtII
6. LIMITATIONS
The services described in this work product were performed in accordance with generally accepted
professional consulting principles and practices. No other representations or warranties, expressed or implied,
are made. These services were performed consistent with our agreement with our client. This work product
is intended solely for the use and information of our client unless otherwise noted. Any reliance on this work
product by a third party is at such party's sole risk.
Opinions and recommendations contained in this work product are based on conditions that existed at the
time the services were performed and are intended only for the client, purposes, positions, time frames, and
project parameters indicated. The data reported and the findings, observations, and conclusions expressed
are limited by the scope of work. We are not responsible for the impacts of any changes in environmental
standards, practices, or regulations subsequent to performance of services. We do not warrant the accuracy
of information supplied by others, or the use of segregated portions of this work product.
This work product presents professional opinions and findings of a scientific and technical nature. The work
product shall not be construed to offer legal opinion or representations as to the requirements of, nor the
compliance with, environmental laws rules, regulations, or federal, state or local regulations.
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Appendix A – Calibration Certificates
A1-1: Calibration certification for the calibrator
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A1-2: Calibration certificate for the sound level meter
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From: Sandra Campise, Resident on East Side of Croco Road Adjacent to Reser’s
Received: April 11, 2024
Re: PUD16/05B Amendment to Reser’s PUD Master Plan for Semi-Truck Trailer Parking
Dear Mike Hall,
I talked to Annie Driver yesterday stating my and my neighbors' concerns. Since she will not be able to attend the
April 15th meeting, she instructed me to email you so you can forward my and my neighbors' concern to the
Planning Commissioners ahead of the April 15th meeting. I appreciate your helpfulness. Below is the letter, I
would appreciate if you could forward it to the planning commissioners.
Thanks again,
Sandra Campise
I will forward you the pictures I sent to Annie Driver if you could forward them as well. I could not find them on this
computer to send. Please contact me if there are any questions, thanks again.
Issues and concerns of the family neighborhood adjoining the Reser’s facility at 6th and Croco:
Having a 24/7 industrial facility across the street from a family neighborhood is very stressful for those residents
who live nearby . Most of the issues are with engine noises, fans and headlight beams which frequently disrupt
sleep and make it impossible to enjoy outdoor activities. Enlarging the facility will only increase these issues for
the neighborhood unless actions are taken. For comparison, it is as if living next to a truck depot with trucks
moving about at all hours of the day and night. This activity is constant, 24-7. Perhaps once every two weeks,
Reser’s takes a day or part of a day off, which is a great relief.
1) Noise:
The primary noise is from the four docks on the north side of the building where refrigeration units on the trailers
rumble away night and day. On occasions the engine noise combines which doubles the noise level and vibrates
house windows and siding. Every hour, day and night there are beeps from the trucks backing up. This occurs
hourly as trailers are backed into the four docks and parking north of the building. This is a 24 hour operation.
2) Truck parking:
Truck trailers are parked across the street from my and my neighbors' houses all the time, making it feel like we
are in the midst of a tractor truck depot. This severely downgrades our quality of life at home and interrupts our
sleep which effects our waking work days. The tractor trailers should not be there according to the original
agreement in which they were supposed to be parked at the south of the building. The trucks are there for loading
and waiting to be hauled off. There are also the ones that are just being stored. I understand that the proposed
plan is to alleviate some of this, but not all of it.
3) Dust:
Clouds of dust blow from the unpaved areas of the north side from parking and maneuvering of the trucks. This
dusts get everywhere, especially on windy days. It is on the cars, the decks and the houses.
4) Lights:
While this is not as bothersome as the constant rumble, headlights will blaze through residential windows at night
from a bus or truck parked for long periods, disrupting sleep.
Remedies:
Some have suggested construction of a concrete wall sound barrier on the northeast side of the building to deflect
the noise and having the trucks hidden behind the wall so they are out of sight of the surrounding neighborhood
and the illumination caused by them.
Others have recommended contacting OSHA and the EPA for a review.
There are several other items that disturb the residents of the neighborhood, but the noise, illumination from the
bus and the trucks, the tractor trailers in plain sight of the neighboring houses and the dust are the foremost
concerns. The original agreement was that no truck activity is to occur on the northeast side of Reser’s including
trucks entering and leaving through the Croco exit. They were to all enter and leave through the 6th street
entrance.
If these items were addressed, the quality of life for the residents would be greatly improved.
Thank You, Sandra Campise and the neighbors adjacent to Reser’s.
City / County
Limit Line
RR-1
OS-1
C-2
R-1
C-4 C-2
C-4 I-2 C-2
I-2
OI-2
RR-1
R-1 R-1
BOOK PAGE
MASTER PLANNED UNIT DEVELOPMENT PLAN DATE TIME
RESER'S FINE FOODS EAST DEVELOPMENT RECORDED WITH THE SHAWNEE COUNTY REGISTER OF DEEDS
AMENDMENT NO. 2 REBECCA J. NIOCE, REGISTER OF DEEDS
LEGEND DESCRIPTION
AREA 1 LEGAL DESCRIPTION:
LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., ALL IN SHAWNEE COUNTY, KANSAS.
AREA 2 LEGAL DESCRIPTIONS
INSTRUMENT NO. 2018R16128:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
0 200 400 P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
Feet THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123 FEET
PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00
SCALE: 1" = 200' FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST TO A
POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
AREA 2 QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
PHASE III (PROPOSED)
SEMI TRUCK PARKING 438.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER SECTION,
PHASE IV (PROPOSED FUTURE) 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
SEMI TRUCK PARKING SOUTH 108.00 FEET PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
SHAWNEE COUNTY, KANSAS.
INSTRUMENT NO. 2018R16057:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11
SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION;
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A LIMESTONE SET NEAR
A BLACK WALNUT TREE, SAID TREE MARKED BY THREE HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE
OF SAID QUARTER SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG SAID HEDGE AND
PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327 FEET TO A POINT 377.75 FEET SOUTH OF THE
NORTH LINE OF SAID QUARTER SECTION; THENCE WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE
NORTH LINE OF SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE WEST LINE OF SAID
QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE
SECTION LINE; THENCE EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE NORTH SIDE OF THE PUBLIC HIGHWAY,
532 FEET EAST FROM THE WEST LINE OF THE WEST HALF (W ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION
34, TOWNSHIP 11 SOUTH, RANGE 16; THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY, KANSAS;
AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST
OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST
QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123
FEET PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST
AREA 1 TO A POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER;
PHASE I THENCE CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
PHASE II SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
SITE 438.00 FEET; THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 229.00 FEET; THENCE
EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET
PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.
SE CROCO RD.
SE 6TH STREET
VICINITY MAP
No Scale
STREAM BUFFER NOTES TYPICAL TYPE II
1. RESTRICTION: - THERE SHALL BE NO CLEARING, GRADING, CONSTRUCTION OR DISTURBANCE OF VEGETATION EXCEPT AS STREAM BUFFER STREAMSIDE AREA - USES ALLOWED
PERMITTED UNDER SECTION 17.10.060 OF THIS CODE OR AS APPROVED BY THE PUBLIC WORKS DIRECTOR OR HIS OR HER 1.) NATIVE VEGETATION
DESIGNEE. 2.) FLOOD CONTROL
25' OUTER AREA 3.) FOOT PATHS/ROAD CROSSINGS
4.) UTILITY CORRIDORS
2. STREAM BUFFER EASEMENTS ARE HEREBY ESTABLISHED AS SHOWN TO PROVIDE FOR INFORMAL GREEN SPACE AND THE 25' STREAMSIDE AREA OUTER AREA - USES ALLOWED
NATURAL UNOBSTRUCTED OVERLAND FLOW OF SURFACE WATER IN EXISTING DRAINAGE WAYS. PROPERTY OWNER(S) SHALL (MINIMUM) 1.) NATIVE VEGETATION OR MANAGED LAWN
NOT PLACE PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS IN SAID EASEMENT. ALL MAINTENANCE WITHIN THE STREAM 2.) BIKING/HIKING PATHS
CENTERLINE OF WATERWAY
BUFFER EASEMENT (SBE) SHALL BE THE RIGHT, DUTY AND RESPONSIBILITY OF THE PROPERTY OWNER(S) OF THE PROPERTY IN 25' STREAMSIDE AREA 3.) FLOOD CONTROL
(MINIMUM) 4.) DETENTION/RETENTION STRUCTURE
WHICH THE EASEMENT IS SO LOCATED, HOWEVER, IF MAINTENANCE IS NEGLECTED OR SUBJECT TO OTHER UNUSUAL
5.) UTILITY CORRIDORS
CIRCUMSTANCES AND IS DETERMINED TO BE A HAZARD OR THREAT TO PUBLIC SAFETY BY THE DIRECTOR OF THE APPLICABLE 6.) STORMWATER BMP's
DEPARTMENT OF PUBLIC WORKS, CORRECTIVE MAINTENANCE MAY BE PERFORMED BY THE GOVERNING JURISDICTION WITH 25' OUTER AREA 7.) RESIDENTIAL YARDS/LANDSCAPE AREAS PROPERTY OWNER'S: DATE:
COSTS ASSESSED TO AND BORNE UPON SAID PROPERTY OWNER(S). OFFICIALS REPRESENTING THE APPLICABLE DEPARTMENT OF RESER'S FINE FOODS INC. APRIL ND
2 , 2024
ENGINEERS PUBLIC WORKS SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT FOR PURPOSES OF PERIODIC INSPECTION AND/OR OWNER ADDRESS: PROPERTY ADDRESS
CORRECTIVE MAINTENANCE. P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614
o: 785-272-4706 f: 785-272-4736
TOPEKA, KS 66607
BEAVERTON, OR 97075 PUD 16 / 05B
MASTER PLANNED UNIT DEVELOPMENT PLAN BOOK
DATE
PAGE
TIME
RESER'S FINE FOODS EAST DEVELOPMENT
AMENDMENT NO. 2
PERFORMANCE OBJECTIVE VARIANCE NOTES OWNER'S CERTIFICATE
AREA 1 RESER'S
1. THE 6' WIDE RESIDENTIAL LANDSCAPE BUFFER PURSUANT TO TMC 18.235.060(d)(1) ALONG THE LENGTH OF THE WEST PROPERTY LINE IS FINE FOODS INC. OWNER, AGREES TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS AS SET FORTH ON
TO CONSTRUCT A FOOD PROCESSING AND PACKAGING FACILITY WITHIN A RESIDENTIAL/AGRICULTURAL SETTING WHILE REASONABLY THEOR
WAIVED DUE TO THE PRESENCE OF A TYPE II STREAM BUFFER WITHIN THIS AREA THAT RESTRICTS CLEARING, GRADING, CONSTRUCTION MASTER PUD PLAN.
ACCOMMODATING THE OWNERS OF THE FACILITY AND SURROUNDING NEIGHBORHOOD. DISTURBANCE WITHIN THE BUFFER, ONLY RELEVANT TO AREA 1.
AREA 2 2. RELOCATION OF THE STREAM CHANNEL TRANSECTING AREA 2 NORTH - SOUTH SHALL REQUIRE APPROVAL OF A VARIANCE SUBJECT TO IN TESTIMONY WHEREOF: THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, RESER'S FINE FOOD INC. HAS SIGNED
THESE PRESENTS THIS DAY OF , 2024.
TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT FOR SEMI-TRUCK TRAILERS INTENDED SOLELY FOR DIRECT USE BY SEMI-TRUCK TMC 17.10.080 AND THE STATE OF KANSAS DIVISION OF WATER RESOURCES, KANSAS DEPARTMENT OF AGRICULTURE SUBJECT TO THE IF
THE VARIANCE IS NOT APPROVED, THE TRAILER PARKING LOT MAY BE SHIFTED NORTH AND WEST WITH EXACT LOCATION DETERMINED AT
TRAILERS SERVING THE RESER'S PLANT FACILITIES LOCATED IN EAST TOPEKA WITHIN PROXIMITY TO THE SITE. ANY EXPANSION OF BUILDINGS
WITHIN AREA 2 SHALL REQUIRE A MAJOR PUD AMENDMENT. THE TIME OF SITE PLAN REVIEW APPLICATION.
DEVELOPMENT PHASING SCHEDULE UTILITY NOTES PAUL LEAVY, CHIEF FINANCIAL OFFICER
AREA 1 1. LIGHTING SHALL BE FULL CUT OFF, SHIELDED & RECESSED WITH CUT-OFF ANGLES TO PREVENT THE CAST OF LIGHTING BEYOND THE RESER'S FINE FOODS INC.
PHASE I (2017-2018) - CONSTRUCT 318,000 SF FACILITY, CONSTRUCT DECELERATION LANE INTO WESTTH ST.,
ENTRANCE
WIDENING
OFFOF
SE 6 PROPERTY & NOT EXCEED 3 FOOT CANDLES AS MEASURED AT THE PROPERTY LINE. EXTERIOR LIGHTING SHALL FOLLOW ACCEPTED
SE CROCO RD. TO ACCOMMODATE INDUSTRIAL WIDTH 3 LANE ROADWAY THROUGH THE NORTH PROPERTY BOUNDARY ALONG SE CROCO RD. NATIONAL GUIDELINES FOR PARKING LOT LIGHTING (I.E. CPTED). THE TYPE, ILLUMINATION, POLE HEIGHT & QUANTITY OF NEW PARKING
AND THEN TAPERING TO EXISTING WIDTH. (NOT SHOWN), CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5' STANDARD) ALONG THE NORTHLOT SIDELIGHTING SHALL BE APPROVED BY THE TOPEKA PLANNING DEPARTMENT AT THE TIME OF PERMIT APPROVAL BY DEVELOPMENT COUNTY STATE OF KANSAS) ss
OF SE 6TH ST TO CONNECT WITH THE SIDEWALK THAT TERMINATES JUST EAST OF RICE RD., CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5'SERVICES. A FOOT CANDLE ANALYSIS WILL BE APPROVED AT THE SITE DEVELOPMENT PLAN STAGE. OF SHAWNEE) ss
STANDARD) ALONG THE WEST SIDE OF SE CROCO RD. THE LENGTH OF THE PROPERTY'S FRONTAGE. 2. ALL UTILITIES SHALL BE PLACED UNDERGROUND PURSUANT TO THE CITY'S RIGHT-OF-WAY MANAGEMENT STANDARDS. BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE, CAME PAUL LEAVY, CHIEF FINANCIAL OFFICE, RESER'S FINE FOODS INC., WHO IS PERSONALLY
PHASE II (2022-2028) CONSTRUCT 85,000 SF STORAGE AND DISTRIBUTION BUILDING THAT WILL BE ATTACHED TO THE PHASE I MAIN KNOWN TO BE THE SAME PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY
STRUCTURE. (NORTH OF EXISTING BUILDING WITHIN EXISTING PARCEL) CIRCULATION, PARKING & TRAFFIC NOTES ACKNOWLEDGED THE EXECUTION OF THE SAME.
AREA 2 1. HANDICAP SPACES SHALL MEET MINIMUM ADA CRITERIA WITH A MINIMUM OF NINE(9) HANDICAP SPACES PER 401-500 PARKING SPACES.
NO PHASING 2. A 40 FT. SIGHT TRIANGLE, MEASURED FROM THE FACE OF CURB EXTENDED, SHALL BE MAINTAINED AT ALL ENTRANCES; NO OBSTRUCTIONS IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
GREATER THAN (30) INCHES ABOVE GRADE OF ANY ADJACENT STREET OR ENTRANCE MAY BE PLACED WITHIN THIS AREA.
PROJECT DATA 3. ACCESS OPENINGS SHALL BE ALLOWED AS DEPICTED ON THE PLAN. NOTARY PUBLIC
AREA 1 4. ALL NEW DRIVES, STREETS, PARKING AREAS, APPROACHES AND WALKS SHALL BE CONSTRUCTED TO CITY OF TOPEKA STANDARDS. MY COMMISSION EXPIRES:
ZONING: I-1 USES.FOR WAREHOUSING/DISTRIBUTION AND MANUFACTURING AND PROCESSING, TYPES I AND II ONLY 5. ALL DRIVES, LANES & PRIVATELY OWNED ACCESS WAYS PROVIDING ACCESSIBILITY TO STRUCTURES, BUILDINGS AND USES WITHIN THE
ALL OTHER USES LISTED IN 18. 60 ARE NOT PERMITTED. PLANNED UNIT DEVELOPMENT SHALL BE CONSIDERED AND SERVE AS MUTUAL RIGHTS OF ACCESS TO OWNERS, TENANTS, INVITED GUESTS,
MAXIMUM DENSITY: N/A PER I-1 STANDARDS CLIENTS, EMPLOYEES, CUSTOMERS, SUPPORT AND UTILITY PERSONNEL AND EMERGENCY SERVICE PROVIDERS, INCLUDING LAW
MAXIMUM BUILDING COVERAGE RATIO: 85% ENFORCEMENT, FIRE PROTECTION AND AMBULANCE SERVICES. ALL ACCESS WAYS PROVIDING GENERAL ACCESSIBILITY TO, AND CERTIFICATION OF MASTER PUD PLAN APPROVAL
CIRCULATION AMONG, THE USES WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE MAINTAINED AT ALL TIMES IN GOOD SERVICEABLE THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
MINIMUM LOT AREA: 10,000 SF CONDITION WITH THE MAINTENANCE OF SAID ACCESS WAYS BEING THE RESPONSIBILITY OF THE OWNER.
TOTAL STRUCTURES (PROPOSED): SINGLE STORY BUILDING THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CIT Y OF TOPEKA,
6. IF ANY IMPROVEMENTS TO THE SITE ARE REQUIRED BY THE TRAFFIC ANALYSIS AS APPROVED BY THE CITY TRAFFIC ENGINEER, THEY SHALL BE COUNTY, KANSAS AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 OF SAID CHAPTER AND
SHAWNEE
TOTAL MAXIMUM BUILDING AREA: 317,190 SF COMPLETED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EACH PHASE OF DEVELOPMENT. AS SET FORTH ON THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.
MAJOR AMENDMENT
281,000 SF PRODUCTION APPROVAL TO CONSTRUCT A TRAILER PARKING LOT ON THE PORTION DESCRIBED AS AREA 2. USE AND MAINTENANCE
27,850 SF OFFICE/EMPLOYEE SERVICE SIGNAGE NOTES OF THE PARKING LOT SHALL BE BY RESER'S FINE FOOD INC OR TO ALLOW STORAGE OF TRAILERS SERVING OPERATIONS
640 SF COVER OUTDOOR BREAK AREA 1. ALL SIGNAGE SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS. WITHIN THE VICINITY OF SE 6TH AND CROCO.
5,000 SF COVERED TRASH COLLECTION AREA 2. SIGNS SHALL BE APPROVED BY SEPARATE SIGN PERMIT APPLICATION.
2,700 SF AMMONIA ROOM 3. TMC 18.10 SHALL GOVERN ALL OTHER SIGNS UNLESS SPECIFICALLY STATED HEREIN. ALL INCIDENTAL SIGNAGE SHALL COMPLY WITH TMC
PARCEL SIZE: 43.03 ACRES± 18.10.130(i) BY ZONING USE GROUP.
PARKING CALCULATIONS: PH I & PH II
508 SPACES PROVIDED (499 STANDARD + 9 HANDICAP) LANDSCAPING NOTES
417 REQUIRED (1 SPACE / 600 SQ. FT UP TOSQ.
25,000
FT.; 1 SPACE / 1000 SQ. FT. THEREAFTER) 1. ALL LANDSCAPING SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS UNLESS PRESCRIBED OTHERWISE STATED DAN WARNER,
IN PLANNING DIRECTOR DATE
24 BIKE SPACES PROVIDED THIS DOCUMENT. SITE SPECIFIC LANDSCAPE PLANS ADDRESSING POINT QUANTITIES, SPECIES, AND LOCATION SHALL BE SUBMITTED AND
APPROVED PRIOR TO ISSUANCE OF ANY PERMITS.
AREA 2 2. LANDSCAPE PLANS SHALL BE PROVIDED THAT ARE CONSISTENT WITH TMC 18.235 LANDSCAPE REGULATIONS. THE SPECIFIC TYPES, AND STATE OF KANSAS) ss
ZONING: I-1, USES, FOR SEMI-TRUCK TRAILER PARKING LOT. QUANTITIES SHALL BE APPROVED BASED ON THE LANDSCAPE PLAN SUBMITTED AT THE SITE PLAN REVIEW APPLICATION STAGE. "AN COUNTY OF SHAWNEE) ss
PARCEL SIZE: 42.04 ACRES ± ATTRACTIVE MIX OF EVERGREEN, SHRUBS, AND DECIDUOUS TREES ALONG THE PROPERTY'S STREET FRONTAGES AND WHERE ADJACENT
BE ITTO
REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
PARKING CALCULATIONS: PH III & PH IV SINGLE-FAMILY RESIDENCES ON THE WEST AND NORTH SIDES AT THE TIME OF DEVELOPMENT OF FUTURE PHASES. AN IMPERVIOUS SAID COUNTY AND STATE, CAME DAN WARNER, PLANNING DIRECTOR, WHO IS PERSONALLY KNOWN TO BE THE SAME
SCREENING BARRIER, BERNS OR COMBINATION LANDSCAPING AND BERMS SHALL BE PROVIDED ALONG THE LENGTH OF THE WEST PROERTY PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY ACKNOWLEDGED THE
255 SEMI TRUCK SPACES PROVIDED, PHASE III LINE SUBJECT TO TMC 18.235.060(d).
150 SEMI TRUCK SPACES PROVIDED , PHASE IV EXECUTION OF THE SAME.
3. THE CARE, MAINTENANCE, AND OWNERSHIP OF COMMON OPEN SPACE, PARKING AREAS, UTILITIES, PRIVATE STREETS, ACCESS WAYS,
STORMWATER MANAGEMENT EASEMENTS, FENCING, AND LANDSCAPING SHALL BE THE RESPONSIBILITY OF THE OWNERS. ALL IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
GENERAL NOTES LANDSCAPING SHALL BE INSTALLED PURSUANT TO PHASING SCHEDULE AND PROPERLY MAINTAINED. IF ANY PORTION OF THE LANDSCAPED
1. THE BASE ZONING OF I-1 SHALL APPLY UNLESS OTHERWISE STATED MATERIAL DIES, IT SHALL BE REPLACED BY THE NEXT PLANTING SEASON.
2. NO BUILDING PERMITS SHALL BE ISSUED UNTIL INDIVIDUAL SITE DEVELOPMENT PLANS SUBJECT TO TMC 18. 190. 060(C) HAVE BEEN 4. THERE SHALL BE A 3' MINIMUM BERM CONSTRUCTED TO ACHIEVE NEAR 6' HIGH OPACITY WITH BERM PLUS LANDSCAPING. NOTARY PUBLIC
REVIEWED AND APPROVED BY THE PLANNING DIRECTOR. THESE SITE PLANS SHALL ADDRESS INDIVIDUAL BUILDING SITE LOCATIONS, 5. EXISTING MATURE (6 INCH DBH OR GREATER) TREES ALONG WEST AND NORTH PROPERTY LINE. FUTURE SITE DEVELOPMENT PLAN MUST
OFF-STREET PARKING AND INTERNAL CIRCULATION, FIRE HYDRANTS, LANDSCAPING, PEDESTRIAN CONNECTIVITY, EXTERNAL LIGHTING, INCLUDE A LANDSCAPE PLAN IDENTIFYING TREES TO BE PRESERVED. MY COMMISSION EXPIRES:
SIGNAGE, BUILDING ELEVATIONS, UTILITIES, STORM WATER, RELATIONSHIP TO ADJACENT LOTS, ETC.
3. NO BUILDING PERMITS SHALL BE ISSUED UNTIL THE PROPERTY DESCRIBED AS AREA 2 IS PLATTED. BUILDING NOTES
4. NO BUILDING PERMITS SHALL BE ISSUED UNTIL STORMWATER MANAGEMENT PLANS PURSUANT TO TMC 13.335 ARE APPROVED, 1. ALL BUILDINGS/STRUCTURES SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS. AMENDMENT NOTE:
INCLUDING GRANTING OF ANY NECESSARY STORMWATER MANAGEMENT EASEMENTS.
THE OUTSIDE STORAGE OF VEHICLES (OTHER THAN TRUCKS UNLOADING/LOADING), EQUIPMENT AND MACHINERY SHALL NOT BE “THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
5. PURSUANT TO TMC 18.190, THE APPLICANT MUST RECORD THE MASTER PUD PLAN WITH THE SHAWNEE COUNTY REGISTER OF DEEDS2. PERMITTED. ALL DOCKS AND/OR LOADING AREAS SHALL BE ERECTED TO THE SIDE AND REAR YARDS AND NOT FRONT ON TO ANY PUBLIC THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CITY OF TOPEKA,
WITHIN SIXTY (60) DAYS UPON APPROVAL OF THE GOVERNING BODY. FAILURE BY THE APPLICANT TO RECORD THE PLAN WITHIN THE STREET RIGHTS OF WAY. THERE SHALL BE NO LOADING/UNLOADING OF TRUCKS FROM THE SOUTH SIDE OF THE BUILDING. OVERNIGHTSHAWNEE COUNTY, KANSAS, AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 AND AS SET FORTH ON
PRESCRIBED TIME PERIOD AND PROVIDE THE PLANNING DEPARTMENT WITH THE REQUIRED NUMBER OF COPIES OF THE RECORDED PLAN PARKING OF SEMI-TRUCK TRAILERS IS NOT PERMITTED WITHIN AREA 1 ALONG THE SE CROCO OR SE 6th STREET STREET FACING THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.”
FRONTAGES.
WITHIN NINETY (90) DAYS OF THE DATE OF ACTION BY THE GOVERNING BODY SHALL RENDER THE ZONING PETITION NULL AND VOID. ALL OVERNIGHT PARKING AND PARKING OF SEMI-TRUCKS NOT DIRECTLY UNLOADING AND LOADING SHALL BE CONTAINED WITHIN AREA 2
6. ANY EXPANSION OR INCREASE IN FLOOR AREA EXCEEDING 10% OF THE EXISTING BUILDINGS OR AS OTHERWISE INDICATED BY TMC ON AN APPROVED HARD SURFACE.
18.190.070 SHALL ONLY BE APPROVED BY MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT MASTER PLAN. 3. A MINIMUM OF 50% OF THE MAIN ENTRY OF THE FRONT FACADE (EAST FACING) SHALL BE COMPRISED OF WINDOWS, DOOR OPENINGS.
7. STORMWATER MANAGEMENT EASEMENTS ARE(SME)
HEREBY ESTABLISHED AS SHOWN OR DESCRIBED TO PROVIDE FOR THE THE MAIN ENTRY OF THE FRONT FACADE SHALL BE TREATED WITH ARCHITECTURAL FINISHES AND BE OF HIGH QUALITY DESIGN. THE 6TH ST.
MANAGEMENT OF STORM WATER INCLUDING, BUT NOT LIMITED TO, DETENTION, RETENTION, STORAGE AND TREATMENT OF STORM FACADE (SOUTH FACING) SHALL CONTAIN A FORM OF ARCHITECTURAL VARIATIONS WITH RESPECT TO MATERIALS, TEXTURE, RELIEF, COLOR,
WATER. PROPERTY OWNERS AND THEIR ASSIGNS AND SUCCESSORS (PROPERTY OWNERS) AGREE TO INSTALL, CONSTRUCT, RECONSTRUCT,
REPLACE, ENLARGE, REPAIR, OPERATE AND PROVIDE PERPETUAL MAINTENANCE OF PIPE, FLUME, DITCH, SWALE, VEGETATIVE AREAS ORETC. MECHANICAL, HEATING, AIR CONDITIONING/COOLING, AND ROOF MOUNTED EQUIPMENT SHALL BE SCREENED OR NOT VISIBLE FROM
PUBLIC RIGHTS OF WAY AND LOCATED TO THE SIDE OR REAR YARDS.
MECHANICAL DEVICES FOR STORM WATER CONVEYANCE AND/OR TREATMENT, OR ANY IMPROVEMENTS IN THE SME FOR THE DRAINAGE 4. BUILDING ELEVATIONS TO BE APPROVED AT THE TIME OF SITE DEVELOPMENT PLAN REVIEW AND SHALL BE SUBSTANTIALLY COMPLIANT
AND/OR TREATMENT OF SAID STORM WATER. NO CHANGE TO THE GRADE, TOPOGRAPHY OR STORM WATER MANAGEMENT STRUCTURES WITH THOSE SUBMITTED AS AN EXHIBIT TO THE PUD MASTER PLAN.
AND IMPROVEMENTS IN THE SME SHALL BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE APPLICABLE PUBLIC WORKS DIRECTOR
OR DESIGNEE. 5. THE NOISE LEVEL OF OUTDOOR EQUIPMENT SHALL BE MAINTAINED TO 60 DECIBELS AT THE PROPERTY LINE.
8. SETBACKS FOR TRUCK/TRAILER PARKING AREA: 60' ALONG THE WEST AND NORTH PROPERTY LINES CORRESPONDING WITH AREA 2. SEE 6. MAINTAIN ACCEPTABLE MINIMUM AIR QUALITY STANDARDS AS REGULATED BY KDHE.
PLAN GRAPHIC. 7. THERE SHALL BE NO DISCERNABLE ODORS EMITTING FROM THE WASTE WATER PRE-TREATMENT PROCESS BEYOND ANY PROPERTY LINES.
9. A DECIBEL LEVEL OF 60 OR LESS SHALL BE MAINTAINED ALONG WEST AND NORTH PROPERTY LINES. CITY STAFF SHALL BE ALLOWED TO8. THE LOCATION OF TRASH AND RECYCLING RECEPTACLES SHALL BE DETERMINED AT THE SITE DEVELOPMENT STAGE TO ENSURE TRASH
CONDUCT PERIODIC NOISE MEASUREMENTS AS NEEDED OR PROVIDE MEASUREMENTS FROM A THIRD PARTY. AREAS ARE NOT OVERLY CONCENTRATED, ARE EFFECTIVELY SCREENED FROM PUBLIC AREAS, AND PROVIDE ADEQUATE CIRCULATION
WITHIN THE OVERALL DEVELOPMENT. ALL SAID RECEPTACLES SHALL HAVE ENCLOSURES THAT SCREEN THE RECEPTACLES FROM VIEW AND
ARE CONSTRUCTED WITH MATERIALS COMPATIBLE WITH THE FRONT FACADE OF THE PRINCIPAL BUILDING.
PROPERTY OWNER'S: DATE:
RESER'S FINE FOODS INC. APRIL ND
2 , 2024
OWNER ADDRESS: PROPERTY ADDRESS
ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614 BEAVERTON, OR 97075 TOPEKA, KS 66607
o: 785-272-4706 f: 785-272-4736
PUD 16/05B
Development of New Parking Facility
3620 SE 6th Street
Topeka, Kansas 66607
Level 2 - Traffic Impact Study
February 16, 2024
Traffic Engineering Conditional Approval
Benesch
3/12/2024
Traffic Engineering Approval subject to the following conditions:
1. TIA has some cleanup and clarifications needed, but Public
Works staff is confident that these changes/clarifications will not
Prepared for:
result in issues/problems with future approval of parking lot
Reser’s Fine Foods
permits, etc. TIA shall be updated per attached comments and
3728 SE 6th Street, Topeka,
resubmitted before orKS 66607
with appropriate permit applications.
Prepared by:
Xiang Yu, P.E.
Cook, Flatt & Strobel Engineers, P.A.
1421 E. 104th Street, Suite 100
Kansas City, MO 64131
816.333.4477
Cook, Flatt & Strobel Engineers, P.A.
Table of Contents
Table of Contents....................................................................................................................................... 2
List of Tables...............................................................................................................................................3
List of Figures.............................................................................................................................................3
1. Introduction............................................................................................................................................4
2. Existing Site Conditions........................................................................................................................ 5
2.1 Existing Roadway............................................................................................................................ 6
2.2 Existing Land-Use........................................................................................................................... 6
2.3 Existing Zoning................................................................................................................................9
3. Existing Conditions..............................................................................................................................10
3.1 Existing Traffic Volume................................................................................................................. 10
3.2 Existing Sidewalk and Bike Route.................................................................................................11
4. Projected Traffic.................................................................................................................................. 12
4.1 Background (Future No-Build) Forecasting.................................................................................. 12
4.2 Build Forecasting........................................................................................................................... 13
4.2.1 Prediction of Truck Volumes................................................................................................ 13
4.2.2 Truck Volumes Distribution..................................................................................................13
5. Analysis of Traffic and Improvements...............................................................................................16
5.1 Site Access Performance................................................................................................................16
5.2 Circulation Review........................................................................................................................ 16
6. Conclusion and Recommendation...................................................................................................... 17
Page 2
Cook, Flatt & Strobel Engineers, P.A.
List of Tables
Table 1. Characteristics and Functional Classification of Surrounding Roadways
Table 2. Summary of Traffic Volumes on Surrounding Roadways
Table 3. Summary of Traffic Volumes on Surrounding Roadways in Year 2044
Table 4. Truck and Semi-Trailer volumes on SE 6th Street
Table 5. After-Construction Surrounding Roadway Daily Traffic Volume Summary
Table 6. After-Construction in Year 2044 Surrounding Roadway Daily Traffic Volume Summary
List of Figures
Figure 1. Site Location Map
Figure 2. The Detailed Design for the New Parking Facility
Figure 3. Topeka Roadway Functional Classification Maps
Figure 4. Existing Property Information
Figure 5. Existing Warehouses and Manufacturers Property Information Along SE Deer Crk Pkwy
Figure 6. Existing Zoning Map
Figure 7. Existing Zoning Map Along SE Deer Creek Parkway
Figure 8. Topeka Traffic Count Maps
Figure 9. Topeka Bike Routes Map by KDOT
Figure 10. Existing Truck and Semi-Trailer Daily Trips Distribution
Figure 11. After Construction Truck and Semi-Trailer Daily Trips Distribution
Page 3
Cook, Flatt & Strobel Engineers, P.A.
1. Introduction
This Level 2 traffic impact study for the proposed parking facility featuring 250 truck parking
spaces at 3620 SE 6th Street, Topeka, KS 66607, has been prepared. The aim of constructing the parking
facility is to relocate the current parking for trucks and semi-trailers from food manufacturers and cold
storage warehouses (Site 1 - 6, see Figure 1) to a newly proposed parking lot. Following the relocation,
the available space at each location will enable the potential expansion of existing facilities in the future.
Currently, trucks and semi-trailers travel to Reser’s Crossroads for loading/unloading and then return
along the same route for parking. For departures, trucks and semi-trailers proceed southbound on SE
Deer Creek Pkwy to access I-70. Following the completion of construction, an estimated 60 trucks and
semi-trailers from the parking facility are expected to travel eastbound on SE 6th Street, proceed
towards Hwy 40, and then access I-70. Concurrently, there will be a corresponding reduction of 60
southbound trucks and semi-trailers on SE Deer Creek Parkway. With the relocation and consolidation
of all trucks and semi-trailers parking at the new facility, this transition will lead to an increase in truck
and semi-trailer volumes from 9 trucks per hour to 12 trucks per hour on SE 6th Street. Please briefly explain
calculation behind this
this based on current
data from owner? Ple
document
Figure 1. Site Location Map (Source: Google Earth)
Page 4
Cook, Flatt & Strobel Engineers, P.A. (New Access 1)
Figure 2 illustrates the detailed design for the new parking facility. The upcoming parking
facility will feature an access point to SE 6th Street with a width of 75 feet. In addition, a new access,
with a width of 50 feet, has been planned to link the new parking facility to the existing parking lot on
the west side of Reser’s Crossroads. The advantage is that trucks and semi-trailers requiring parking
after loading/unloading at Reser’s Crossroads do not need to travel on SE 6th Street.
(New Access 2)
Illustrate truck circulation, truck turn
templates and ensure trucks will not
back onto SE 6th St when accessing
the gate
Figure 2. The Detailed Design for the New Parking Facility
Page 5
Cook, Flatt & Strobel Engineers, P.A.
2. Existing Site Conditions
Please show the proposed
2.1 Existing Roadway location on figure
Figure 3 illustrates an overview of functional classifications of the roadways adjacent to the site.
The specific characteristics and functional classifications are detailed in Table 1.
Table 1. Characteristics and Functional Classification of Surrounding Roadways
Street Name Characteristics Functional Classification Speed Limit
SE 6th Street Five Lane with a Two-Way Left-Turn Lane Minor Arterial 45 mph
SE Croco Road Three Lane with a Two-Way Left-Turn Lane Minor Arterial 40 mph
SE Rice Road Two Lane Major Collector 30 mph
SE Deer Crk Pkwy Four Lane Divided Major Collector 45 mph
Figure 3. Topeka Roadway Functional Classification Maps
(Source:https://www.ksdot.gov/Assets/wwwksdotorg/bureaus/burTransPlan/maps/FunclassMaps/Urban/
Topeka.pdf)
2.2 Existing Land-Use
The planned truck and semi-trailers parking facility is located on a 38.50-acre site, under the
ownership of Reser's Fine Foods, INC, and is identified by the parcel ID 1083404001031000. Presently,
the land use category is 1199-Accessory Residential. Figure 4 provides detailed location information for
the development site, including property address, parcel number, owner information.
Page 6
Cook, Flatt & Strobel Engineers, P.A.
To the north and west of the site lies a residential area classified as 1101-Single Family
Residence (Detached). On the eastern side of the site is Reser’s Fine Foods (Crossroads), categorized as
3110-Food and Beverage Manufacturer. To the south of the site, across SE 6th Street, there is a Casey's
pizza store with a gas station, classified under land use category 2152-Convenience Store. Adjacent to it
is Wood N Stuff Cabinets, INC, falling under the category of 3400-Miscellaneous Manufacturing.
Additionally, there is a residential area classified as 1165-Manufactured Home Park.
Text is grainy and difficult to
read when printed
Figure 4. Existing Property Information (Source: https://gis.sncoapps.us/propertysearch/index.html)
Considering the intention to relocate all truck and semi-trailer parking from warehouses and food
manufacturers under Reser's Fine Foods, INC to the new parking facility, the land use category of each
warehouse or food manufacturer was examined, as illustrated in Figure 4 and Figure 5. In Figure 4, to
the east of the proposed parking facility, the land use classification (Site 6) is 3110-Food and Beverages
Page 7
Cook, Flatt & Strobel Engineers, P.A.
Manufacturers. Within Figure 5, Site 4 is located at the southwest corner of SE 6th Street & SE Deer
Creek Parkway, with a land use category classified as 3660-Cold Storage Warehouse; Site 5 is
positioned at the southeast corner of SE 6th Street & SE Deer Creek Parkway, and its land use category
is classified as 3111-Meat Product Manufacturer. Site 1, 2, and 3 are all located at the northwest corner
of SE Deer Creek Parkway & Ramp of I-70 and are adjacent to each other. The land use category for
Site 1 and 3 is classified as 3660-Cold Storage Warehouse, while Site 2 is categorized as 3111-Meat
Product Manufacturer.
Same comment as
Figure 4. Good
information and
helpful to
understand the
overall operation
Figure 5. Existing Warehouses and Manufacturers Property Information Along SE Deer Crk Pkwy
(Source: https://gis.sncoapps.us/propertysearch/index.html)
Page 8
Cook, Flatt & Strobel Engineers, P.A.
2.3 Existing Zoning
The current zoning class designated for the proposed parking facility is RR1-Residential Reserve
District, as illustrated in Figure 6. To the west and north of the site, there are residential areas classified
under the zoning class RR1-Residential Reserve District. To the east of the site lies Reser’s Fine Foods
(Crossroads), zoned as PUD-Planned Unit Development. On the south side of the site, across SE 6th
Street, the zoning class for Casey's store with the gas station is C4-Commercial District. Adjacent to it,
the zoning class for Wood N Stuff Cabinets, INC, is l1-Light Industrial District. East of the cabinet
maker, there is a small commercial area zoned as C4-Commercial District. Additionally, there is a
residential area zoned as M2-Multifamily Dwelling District.
Figure 6. Existing Zoning Map
(Source:https://topeka.maps.arcgis.com/apps/webappviewer/index.html?id=b7452fa2680e42f08e41a998
831b19eb)
The zoning of properties under Reser's Fine Foods, INC., along SE Deer Creek Parkway, was
also checked. As illustrated in Figure 7, the zoning classifications for Site 1-5 are all l1-Light Industrial
District.
Page 9
Cook, Flatt & Strobel Engineers, P.A.
Figure 7. Existing Zoning Map Along SE Deer Creek Parkway
(Source:https://topeka.maps.arcgis.com/apps/webappviewer/index.html?id=b7452fa2680e42f08e41a998
831b19eb)
Traffic data correct. Document
3. Existing Conditions assumptions that a direction
distribution of 50/50 was used
3.1 Existing Traffic Volume to estimate direction daily
volumes
The Annual Average Daily Traffic (AADT) data for surrounding roadways were obtained from
the KDOT Urban City Traffic Count Map (see Figure 8). The detailed traffic volume data has been
summarized in Table 2.
Table 2. Summary of Traffic Volumes on Surrounding Roadways
Street Name Annual Average Daily Traffic (AADT) Volumes in each Direction
SE 6th Street 5,915 5,915/2 = 2,958 (EB) 5,915/2 = 2,957 (WB)
SE Croco Road 4,700 4,700/2 = 2,350 (NB) 4,700/2 = 2,350 (SB)
SE Rice Road 1,150 1,150/2 = 575 (NB) 1,150/2 = 575 (SB)
SE Deer Creek Parkway 3,800 3,800/2 =1,900 (NB) 3,800/2 =1,900 (SB)
Page 10
Cook, Flatt & Strobel Engineers, P.A.
Figure 8. Topeka Traffic Count Maps
(Source:https://www.ksdot.gov/Assets/wwwksdotorg/bureaus/burTransPlan/maps/CountMaps/Cities/top
eka.pdf )
3.2 Existing Sidewalk and Bike Route
According to the Topeka Bike Routes by KDOT (see Figure 9), the Deer Creek Trail located on
the eastern side of SE Deer Creek Parkway serves as a bike path. In addition to this, there is no bike path
along SE 6th Street, SE Rice Road, and SE Croco Road.
Sidewalks are present on both sides of SE 6th Street from SE Deer Creek Parkway to SE Rice
Road. Additionally, there is a sidewalk along the north side of SE 6th Street from SE Rice Road to SE
Croco Road. However, no sidewalk is present along SE 6th Street east of SE Croco Road.
Add an exhibit would
be beneficial
Page 11
Cook, Flatt & Strobel Engineers, P.A.
Figure 9. Topeka Bike Routes Map by KDOT
(Source: https://biketopeka.com/bike-topeka-map/)
4. Projected Traffic
4.1 Background (Future No-Build) Forecasting
As indicated by data from the United States Census Bureau (Source:
https://www.census.gov/quickfacts/fact/table/topekacitykansas/PST045223), the population of Topeka
City, Kansas, was 127,473 on April 1, 2010, and decreased to 126,587 on April 1, 2020. This indicates a
population decline over the decade from 2010 to 2020. Upon further examination, the population for the
year 2000 was recorded at 122,377. Therefore, the population figures for the year 2000 and 2020 were
utilized to calculate the growth rate. The annual constant percent growth rate is calculated utilizing the
formula (126,587/122,377)^(1/20) - 1, resulting in a rate of 0.17%. This 0.17% annual constant percent
growth rate is employed for projecting future traffic conditions in the year 2044. The determination of
the growth factor constant followed this calculation:
Growth Factor Constant = (1 + Constant % Growth Rate) ^ Projected Years
= (1 + 0.0017) ^ (2044-2020)
= 1.04
The 1.04 growth factor was applied to the existing traffic volumes to account for growth of
background traffic conditions over the next two decades. Detailed calculations are presented in Table 3.
On future studies please look at historical traffic
volumes. Traffic volumes in this area have
Pagebeen
12 level
so very little. Some roads have actually decreased.
Fine for this project and good assumption to have
some growth
Cook, Flatt & Strobel Engineers, P.A.
Table 3. Summary of Traffic Volumes on Surrounding Roadways in Year 2044
Street Name Annual Average Daily Traffic (AADT) Volumes in each Direction
SE 6th Street 5,915*1.04 = 6,152 6,152/2 = 3,076 (EB) 6,152/2 = 3,076 (WB)
SE Croco Road 4,700*1.04 = 4,888 4,888/2 = 2,444 (NB) 4,888/2 = 2,444 (SB)
SE Rice Road 1,150*1.04 = 1,196 1,196/2 = 598 (NB) 1,196/2 = 598 (SB)
SE Deer Creek Parkway 3,800*1.04 = 3,952 3,952/2 = 1,976 (NB) 3,952/2 = 1,976 (SB)
Can you please explain how the truck volume
4.2 Build Forecasting
data was derived? Is this based on existing
4.2.1 Prediction
traffic operations of Truck Volumes
and anticipated operation
growth between facilities. Data source for this
Based on the information currently available, upon the completion of the new parking facility,
case appears to be data from the client, which
is okay tothe
usevolume
for thisofstudy
trucks
butand semi-trailers
just reference is anticipated to increase from 9 to 12 per hour. From a daily
the source.standpoint, this translates to an increase from 170 to 212 per day, and from a weekly perspective, the
figure is expected to elevate from 1,190 to 1,484 per week. Table 4 illustrates the specific details
regarding the volumes of trucks and semi-trailers.
Table 4. Truck and Semi-Trailer volumes on SE 6th Street
Timeline Hourly Daily Weekly
Current 9 170 1,190
After Construction 12 212 1,484
4.2.2 Truck Volumes Distribution
Upon the completion of construction, it is anticipated that approximately 60 trucks and
semi-trailers originating from the parking facility will travel in an eastbound direction on SE 6th Street.
They will continue their route towards Hwy 40, subsequently accessing I-70. Simultaneously, a
corresponding reduction of 60 southbound trucks andtrucks
Do the semi-trailers
currentlyon SE
accessDeer
I-70Creek Parkway is
from Deer
expected. Creek? With the new parking lot, trucks will
now leave from Site 6 to access I-70 and will
not need to go back to Deer Creek site?
The movements of trucks and semi-trailers are essential for loading and unloading activities
between warehouses and manufacturers. However, due to a lack of specific information on the exact
number of trucks and semi-trailers for each manufacturer-warehouse pairing, we have made two
assumptions in this study: 1) The number of trucks and semi-trailers traveling between the warehouses
and Crossroads on SE 6th Street is consistent in both eastbound and westbound directions. 2) After
construction, all added truck and semi-trailer trips are attributed to be eastbound on SE 6th Street.
Figure 10 illustrates the current circulation volume and pathway of trucks and semi-trailers on SE 6th
Street. Meanwhile, Figure 11 depicts the after-construction circulation volume and pathway of trucks
and semi-trailers on SE 6th Street. Table 5 offers a summary of the traffic volumes on nearby roadways
following the construction. Additionally, Table 6 provides a summary of the projected traffic volumes
on nearby roadways after the construction in the year 2044.
Page 13
Cook, Flatt & Strobel Engineers, P.A.
Is this based on actual data
from client? Good
information
Figure 10. Existing Truck and Semi-Trailer Daily Trips Distribution
Page 14
Cook, Flatt & Strobel Engineers, P.A.
Please explain where
42 came from ?
Similar comment from
Figure 11. After Construction Truck and Semi-Trailer Daily Trips Distributionpage 13
Table 5. After-Construction Surrounding Roadway Daily Traffic Volume Summary
Street Name AADT Volumes in each Direction
SE 6th Street 5,915 2,958+42 = 3,000 (EB) 2,957 (WB)
SE Croco Road 4,700 2,350 (NB) 2,350 (SB)
SE Rice Road 1,150 575 (NB) 575 (SB)
SE Deer Creek Parkway 3,800 1,900+42 = 1,942 (NB) 1,900-60 = 1,840 (SB)
Table 6. After-Construction in Year 2044 Surrounding Roadway Daily Traffic Volume Summary
Street Name AADT Volumes in each Direction
SE 6th Street 5,915*1.04 = 6,152 3,076+42 = 3,118 (EB) 3,076 (WB)
SE Croco Road 4,700*1.04 = 4,888 2,444 (NB) 2,444 (SB)
SE Rice Road 1,150*1.04 = 1,196 598 (NB) 598 (SB)
SE Deer Creek Parkway 3,800*1.04 = 3,952 1,976+42 = 2,018 (NB) 1,976-60 = 1,916 (SB)
Page 15
Please include a figure, or
Cook, Flatt & Strobel Engineers, P.A. photos from the location.
Also, the extent of the current
obstruction and the amount it
5. Analysis of Traffic and Improvements has to be changed to make it
5.1 Site Access Performance work is also not clear.
Intersection Sight Distance (ISD) is assessed for the access point on SE 6th Street. ISD
represents the distance the driver of a vehicle approaching an intersection needs to have an unobstructed
view of the entire intersection, including any traffic control devices, and sufficient lengths along the
intersecting major roadway to permit the driver on the approaching roadway to anticipate and avoid
potential collisions. According to the KDOT Access Management Policy Table 4-14, the Intersection
Sight Distance (ISD) for a Left-Turn on a 4-Lane Highway with a posted speed of 45 mph is specified as
530 feet. Following a careful examination of the proposed access point location on SE 6th Street and an
assessment of the roadway vertical profile of SE 6th Street, it has been observed that the view of
vehicles may be obstructed by trees and shrubs near the access. Upon the removal of these trees and
shrubs in close proximity to the access, visibility at the access point is anticipated to be significantly
improved.
Stopping Sight Distance (SSD) is also evaluated for the access point on SE 6th Street. The SSD
should be measured in order to determine if there is sufficient sight distance to enable a vehicle traveling
at the posted speed limit to stop before reaching an object in its path. The designated speed limit on SE
6th Street is 45 mph. In accordance with the KDOT Access Management Policy Table 4-11, the
Stopping Sight Distance (SSD) for level terrain is specified as 360 feet when the posted speed limit is 45
mph. Similarly, the trees and shrubs near the access point may obstruct the view of eastbound and
westbound vehicles on SE 6th Street. Except for this matter, there is no stopping sight distance concern.
Corner clearance is the distance required between a highway intersection and the nearest access
on the crossroad at a corner development. According to KDOT Access Management Policy Table 4-10,
the minimum corner clearance specified for the developed area is 115 feet. The proposed access point on
SE 6th Street satisfies this warrant.
In the roadway segment of SE 6th Street between SE Rice Road and SE Croco Road, there exists
a sidewalk positioned on the northern side of SE 6th Street. Therefore, the construction of the new
access point and sidewalk should adhere to KDOT standards.
Please provide a site circulation figure to
5.2 Circulation Review document how truck circulate on site. Also,
please confirm that trucks will not impact and
At present, trucks and semi-trailers undergo loading
will stay clearand unloading
of 6th procedures
Ave when accessing at Reser’s
gate.
Crossroads, after which they retrace their path to return to their respective distribution centers for
parking. For departures, trucks and semi-trailers follow a southbound route along SE Deer Creek Pkwy
to access I-70. Following the completion of construction, the parking of trucks at all distribution centers
along SE Deer Creek Pkwy will be consolidated and centralized to the new parking facility. For
outbound journeys, an estimated 60 trucks and semi-trailers from the new parking facility are expected
to travel eastbound on SE 6th Street, proceed towards Hwy 40, and then access I-70. Concurrently, there
Page 16
Cook, Flatt & Strobel Engineers, P.A.
In previous section
will be a corresponding reduction of approximately 60 (4.2.1),
southboundthere
trucks
wasandansemi-trailers on SE Deer
Creek Parkway. After construction, all added truck and increase documented.
semi-trailer trips are attributed to be eastbound
on SE 6th Street. Please summarize in
this section too
6. Conclusion and Recommendation
With the proposal of a new parking facility on the west side of Crossroads and the planned
consolidation of truck parking from all distribution centers along SE Deer Creek Parkway to this new
facility, this Level 2 traffic impact study is designed to evaluate the effects of changes in the circulation
patterns of trucks and semi-trailers on the surrounding roadways. Currently, the daily traffic on SE 6th
Street comprises approximately 170 trips (85 westbound trips, 85 eastbound trips) made by trucks and
semi-trailers. Following the construction of the new parking facility, the daily volume of trucks and
semi-trailers is expected to rise from approximately 170 trips to around 212 trips (85 westbound trips,
127 eastbound trips). It is anticipated that approximately 60 trucks and semi-trailers originating from the
parking facility will travel in an eastbound direction on SE 6th Street. They will continue their route
towards Hwy 40, subsequently accessing I-70. Simultaneously, a corresponding reduction of 60
southbound trucks and semi-trailers on SE Deer Creek Parkway is expected.
In the roadway segment of SE 6th Street between SE Rice Road and SE Croco Road, there exists
a sidewalk positioned on the northern side of SE 6th Street. Therefore, the construction of the new
access point and sidewalk should adhere to KDOT standards.
City of Topeka standards
Following an examination of the Intersection Sight Distance (ISD) and Stopping Sight Distance
(SSD) at the proposed access point on SE 6th Street, the recommendation is to clear the trees and shrubs
located on both sides of the access.
Need to illustrate on
an exhibit in previous
sections
What is your recommendation?
Page 17
(PUD 16/5B)
Reser’s Truck Parking Lot 3/14/24
Neighborhood Information Meeting Summary
Attendees
Public: see attached sheets
City of Topeka: Rhiannon Friedman
Dan Warner
Mike Hall
Annie Driver
CFS Engineers: Kevin Holland
Travis Haizlip
Reser’s: Brian Thurlow
Issues / Clarifications:
● What is the parking space count / 250 spaces phase III, additional 150 spaces in
phase IV.
● How full will the parking lot be / It is designed to operate at full capacity but will
more than likely never be full.
● Will there be a noise barrier / The trees and grading will provide a natural barrier
and the new parking lot will follow the City of Topeka noise ordinance code.
● Noise pollution from existing plant / The existing plant operates under the current
approved PUD regulations and the resulting operational noise created falls within
the City of Topeka noise ordinance limits. A topic for the Planning Commission
meeting.
● Will these improvements cause an increase in traffic / It should actually reduce
truck traffic.
1
● How will the fence height be / The fence heights will be approved through the site
plan process at the City of Topeka.
● What are the locate flags on the east side of Croco / the flags are placed along
both sides of the road per standard procedure from the tickets called in. Nothing
is happening along the east side of Croco at this time.
● Truck lights glaring through neighbors windows / Lighting from the operations
taking place at the existing plant are within current code approved through
previous PUD. A topic for the Planning Commission meeting.
● Snow plows pushing snow onto neighbors drive / This would be a City of Topeka
Public Works operational issue and not necessarily a concern for Reser’s.
● Will this make us have to annex our property into the city / These improvements
will not cause neighbors to have to annex.
● Will this affect my property value / There are no indicators that these parking lot
improvements will affect property values in the area.
● The truck circulation at the plant needs improvement / Will take this information
to the owner for consideration to see if adjustments should be made. The
approved PUD states circulation on the north side of the existing building is
permitted.
● The landscaping doesn’t look like I thought it should / All landscaping was done
as per the landscape plan approved by the City of Topeka & is complete.
● Will everything be fenced / Around the parking lot & through the route to the
existing plan with additional fencing around parts of the north, south & western
parking lot property perimeter. Fencing will follow City of Topeka design
standards & guidelines.
● Noise pollution from idling trucks at the existing facility / The decibel level of the
trucks falls within the current City of Topeka code. A topic for the Planning
Commission meeting.
2
● Light pollution from the existing plant onto the east side of Croco Rd / Lighting
was installed per plans approved through the City of Topeka and operate within
lighting regulations set upon the approved PUD. A topic for the Planning
Commission meeting.
● When & where is the Planning Commission meeting / April 15th, 2024, 6pm at
the Topeka City Council chambers.
3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
Planning Division
Director
SECOND PARTY/SUBJECT: 4BSC, LLC PROJECT #: A24/3
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the City of
Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 6545 SW 10th Avenue and 6549 SW
10th Avenue within unincorporated Shawnee county, Kansas and adjacent to the City of Topeka
corporate limits, and said land being annexed for all City purposes. (A24/3) (Council District No. 9)
Voting Requirement: At least six (6) votes of the Governing Body is required.
(Annexation of 57.9 acres to construct a multi-level driving range with accessory uses. The tract will be
assigned to Council District No. 9)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the annexation of 57.9 acres located at 6545 SW 10th Avenue and 6549 SW 10th Avenue.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:
4BSC, LLC has requested annexation of 57.93 acres located at 6545 SW 10th Avenue and 6549 SW 10th
Avenue. The owner will construct a multi-level driving range with accessory bar and event spaces at the location
of an existing driving range.
Land Use and Growth Managment Plan 2040
The property lies within Tier 3 of the Urban Growth Area. Tier 3 areas comprise the bulk of the UGA outside of
Tier 1. Developing these areas requires graduating services to Tier 2, meaning, it is cost effective for the City to
make investments for all of the urban services in the area.
The subject property is designated as Urban Growth Area (mixed-use). The development of the driving range is
consistent with a recreational use within that designation.
Street Network
SW 10th Avenue is a two-lane minor arterial, which will be annexed to the centerline by the City. No new public
roads are anticipated with the development. The existing private drive will serve the property.
The Topeka Planning commission reviewed the annexation proposal at their meeting on May 20, 2024, and found
the annexation to be consistent with the City's Land Use and Growth Management Plan.
While state law does not require that annexation be reviewed by the Planning Commission, the City's adopted
Comprehensive Land Use and Growth Management Plan 2040 requires that the Planning Commission make a
determination that annexation of 10 acres or more are consistent with the plan.
BUDGETARY IMPACT:
Utilities and Services:
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.
Streets
Due to the south side of SW 10th Avenue being annexed, streets will incur an additional budget of $8,800 for
operations and maintenance.
Water
Annexation of the property will lead to a loss of $3,383 per year in revenue due to a change in utility rates.
Sewer
Annexation of the property will lead to a loss of $3,291 per year in revenue due to a change in utility rates.
Stormwater
Annexation will generate a revenue of $7,220 per year.
SOURCE OF FUNDING:
Not Applicable
ATTACHMENTS:
Description
Ordinance
A24/03 Aerial Map
Memo to Planning Commission (May 20, 2024)
Annexation Fact Sheet
Topeka Planning Commission Minutes (May 20, 2024)
(Published in the Topeka Metro News __________________)
ORDINANCE NO. ________________________
AN ORDINANCE introduced by interim City Manager Richard U. Nienstedt annexing land to the
City of Topeka, Kansas, in accordance with K.S.A. 12-520, located at 6545 SW 10th Avenue and
6549 SW 10th Avenue, within unincorporated Shawnee County, Kansas and adjacent to the City of
Topeka corporate limits, and said land being annexed for all City purposes. (A24/3) (Council
District No. 9)
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
Section 1. That the following described land, meeting the conditions for annexation
prescribed in K.S.A. 12-520(a)(7), is hereby annexed and made a part of the City of Topeka,
Kansas:
TRACT I:
Part of the Southwest Quarter of Section 32, Township 11 South, Range 15 East of the 6th P.M.,
Shawnee County, Kansas, described as follows: Beginning at a point 1,455.0 feet East of the
Northwest corner of said Southwest Quarter; thence South, at right angles to the North line of said
Southwest Quarter, 356.0 feet; thence East, parallel to the North line of said Southwest Quarter,
207.0 feet; thence North 356.0 feet; thence West 207.0 feet to the point of beginning.
TRACT II:
The North half of the Southwest Quarter of Section 32, Township 11 South, Range 15 East of the
6th P.M., Shawnee County, Kansas, EXCEPT beginning at the Northwest corner thereof; thence
East 1,136.5 feet; thence Southerly to the South line of the North half of said Southwest Quarter to
a point 1,130.5 feet East of the Southwest corner of the North half of said Southwest Quarter;
thence West, along said South line, 1,130.5 feet to the Southwest corner of the North half of said
Southwest Quarter; thence North to the point of beginning; AND ALSO EXCEPT beginning at a
point 1,455.0 feet East of the Northwest corner of said Southwest Quarter; thence South, at right
angles to the North line of said Southwest Quarter, 356.0 feet; thence east, parallel to the North line
of said Southwest Quarter, 207.0 feet; thence North 356.0 feet; thence West 207.0 feet to the point
of beginning; AND ALSO EXCEPT beginning at the Northeast corner of said Southwest Quarter;
thence West, along said North line, 797.7 feet; thence Southeasterly 544.9 feet to a point 458.6
West and 429.3 feet South of said Northeast corner; thence Southeasterly 527.2 feet to a point
169.5 feet West and 872.5 feet South of said Northeast corner; thence Southeasterly to a point on
the East line of said Southwest Quarter, 1,087.1 feet South of said Northeast corner; thence North,
along said East line, to the point of beginning.
TRACT III:
The North half of the Southeast Quarter of the Southwest Quarter of Section 32, Township 11
South, Range 15 East of the 6th P.M., Shawnee County, Kansas.
TRACT IV:
Part of the North half of the Southeast Quarter of Section 32, Township 11 South, Range 15 East of
the 6th P.M., Shawnee County, Kansas, described as follows: Beginning at the Southwest corner of
said North half of said Southeast Quarter; thence East approximately 195 feet to the West right of
way line of Interstate 470 Highway; thence Northwesterly approximately 316 feet along said right of
way line to the West line of said Southeast Quarter; thence South, along said West line,
approximately 250 feet to the point of beginning.
TRACT V:
Part of the West half of the Southeast Quarter of Section 32, Township 11 South, Range 15 East of
the 6th P.M., Shawnee County, Kansas, described as follows: Beginning at the Northwest corner of
the Southwest Quarter of said Southeast Quarter thence East on Az 90 degrees 22 minutes 20
seconds, 186.92 feet coincident with the North line of said Southwest Quarter of the Southeast
Quarter to the West right of way line of Interstate 470 Highway; thence on Az 142 degrees 11
minutes 03 seconds, 254.46 feet coincident with the West right of way line of said Interstate 470
Highway; thence on Az 270 degrees 22 minutes 20 seconds, 344.35 feet to the West line of said
Southeast Quarter; thence on Az 0 degrees 24 minutes 18 seconds, 200 feet coincident with the
West line of said Southeast Quarter to the point of beginning.
And
A tract of land in the Northwest Quarter of Section 32, Township 11 South, Range 15 East of the 6 th
P.M. in Shawnee County, Kansas, described as follows: BEGINNING at the Northeast corner of
Red Oaks Place Subdivision, which is 1136.50 feet East of the Southwest corner of said Quarter
Section as measured along the South line of said Quarter Section; thence East along the South line
of said Quarter Section to the Westerly right of way line of existing U.S. Interstate Highway 470,
thence Northwesterly along said Westerly right of way line to the North right of way line of existing
10th Avenue, thence Westerly along the said North right of way line to its intersection with the
extension of the East line of said Red Oaks Place extend North, thence South along said extension
of said East line to the POINT OF BEGINNING. The above described tract contains 0.63 acre
(27,635 sq. ft.), more or less.
Section 2. That all land described in Section 1 of this Ordinance is taken into and made a
part of the City for all City purposes and is assigned to City Council District No. 9.
Section 3. This Ordinance shall take effect and be in force from and after its passage,
approval and publication in the official city newspaper.
Section 4. Upon passage and publication, the City Clerk shall file a certified copy of this
Ordinance with the County Clerk, the Register of Deeds, and the Shawnee County Election
Commissioner.
PASSED AND APPROVED by the Governing Body of the City of Topeka,
_______________________, 2024.
____________________________
Michael A. Padilla, Mayor
ATTEST:
_________________________________
Brenda Younger, City Clerk
To Be Codified _______
Not To Be Codified ___X___
Planning Division Dan Warner, AICP, Planning Division Director
620 SE Madison, Unit 11 Tel: 785-368-3728
Topeka, KS 66607 www.topeka.org
MEMORANDUM
To: Topeka Planning Commission
From: Dan Warner, AICP; Planning Division Director
Date: May 20, 2024
RE: A24/03 – Annexation request by 4BSC, LLC for the two parcels
addressed 6545 and 6549 SW 10th Avenue
Proposal
4BSC, LLC has consented to annexation of 57.93-acres located at 6545 SW 10th Avenue
and 6549 SW 10th Avenue (see Map 1). The owner will construct a multi-level driving
range with accessory bar and event spaces at the location of an existing driving range
(see Map 2).
The properties are already connected to City of Topeka water and sanitary sewer and
requires no additional extension. Annexation of this property is appropriate as it will make
for a cohesive City boundary, as the property is surrounded by the City on three sides
and already utilizes City utilities.
Background
Unilateral annexations of this type, one in which the property owner has consented to the
annexation and the property is contiguous to the City, requires City of Topeka Governing
Body approval. However, the Land Use and Growth Management Plan 2040 (LUGMP)
established a policy that the Planning Commission review annexations greater than 10
acres for consistency with growth management principles of the LUGMP.
LUGMP Review
The property lies within Tier 3 of the Urban Growth Area (see Map 1). Tier 3 areas are
the bulk of the UGA outside of Tier 1. Generally speaking, Tier 3 areas of the UGA are
not ready for urbanization because investments have not been made in all five of
Topeka’s urban services (fire, police, water, sewer, and streets).
All five of the required services are available to the site because it fronts SW 10th Avenue
and the City boundary outlines the property on three sides. The properties are already
connected to water and sewer, which are located along SW 10th Avenue. The
development will take access from the two-lane minor arterial SW 10th Avenue, which is
already annexed to the east and west of the property. The City of Topeka Public Works
Department is already responsible for the maintenance for this segment of road. City of
Ci ty o f T o p e k a P l a n n i n g & D e v e l o p m e n t D e p a r tm e n t
Topeka Fire Department and Police Department already serve the developments to the
west of the proposed annexation and have no issue with the proposal.
The subject property is designated as Urban Growth Area (Mixed-Use) and identified as
Tier 3 by the Topeka Future Land Use Map (see Maps 1 & 3). As addressed above, the
property has all five services available and has graduated into Tier 2 of the Urban Growth
Area. The proposed use aligns with the Future Land Use identified in the Land Use and
Growth Management Plan 2040.
Street Network
Future access to the improved driving range will continue from SW 10th Avenue, which is
a two-lane minor arterial.
Recommendation
Annexing the subject property is consistent with the Comprehensive Plan.
Map 1 – Property Location Relative to the UGA
Page 2 of 4
Map 2 – Preliminary concept
Page 3 of 4
Map 3 – Future Land Use
Attachments:
Sports Center Annexation Fact Sheet
Page 4 of 4
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
Site
Address/Location: 6545 SW 10th Avenue & 6549 SW 10th Avenue
Owner: 4BSC LLC
Size: Approximately 57.93 acres
Existing Land Use: Outdoor recreation including miniature golf, golf driving range, and a single-family
home
Proposed Land Use: Outdoor recreation including miniature golf, golf driving range, and a single-family
home
Subdivision: Plat to be submitted following annexation
Planning
Existing Zoning: RR-1
Proposed Zoning: RR-1 with Conditional Use Permit for expansion of the golf and recreation center
Current Population: 2 residents
Projected Population: 2 residents
Density: N/A
Comprehensive Plan: Urban Growth Area – Service Tier 3
Primary Service Area (Sewer Required): Sewer service is available by a twelve-inch collector line along
the east side of the property and an eight-inch collector line running along the north side of the
property.
Urban Growth Area Map
City of Topeka Planning Department
5/20/2024
Page 1
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
Preliminary concept for future development
Annexation Procedure
Contiguous?: Yes
Consent?: Yes. Owner provided a written consent.
Requirements: Eligible for annexation under KSA 12-520(7). No required hearings or notices. No service
extension plan is required.
Approval Method: COT governing body passes ordinance.
Revenue/Expenses Estimates
Property tax revenue to the City of Topeka in 2024 would be approximately $8,800 before any
development takes place. Future annual property tax revenue to the City of Topeka upon build-out of
the driving range improvements is estimated to be around $16,925 or more dependent on the appraised
City of Topeka Planning Department
5/20/2024
Page 2
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
value of the new development. Current property tax revenue to Mission Township was $4,557 in 2023,
but would be projected to be $8,711 upon build out.
The site currently is connected to City water and wastewater. Annexation of the property will cause a
reduction in utility rates for City Water and Wastewater. Future annual COT Stormwater revenue to the
City of Topeka upon development of the property is estimated to be approximately $7,220. Annexation
of the property will decrease the revenue from City wastewater and water the property will lead to a loss
in revenue of $6,674. The annual utility revenues will be $546.
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.
Streets will incur additional operations or maintenance cost of $8,800 due to the property being annexed.
This is related to the annexation of SW 10th Avenue.
Stormwater will not have additional annualized infrastructure operational and replacement cost but will
have an annualized revenue of $7,220.
Water will not have additional annualized infrastructure operational and replacement cost but will have
an annualized loss of $3,383.
Sanitary sewer will not have additional annualized infrastructure operational and replacement cost but
will have an annualized loss of $3,291.
Utility and Service Providers
Current Proposed
Water COT COT
Wastewater COT COT
Fire Mission Township COT
Police Shawnee County COT
Streets – Local Shawnee County Public Works COT
Parks Shawnee County Shawnee County
Governing Body Shawnee County (#1) COT (#9)
Utilities
The subject property is proposed to remain a golf course/driving range and a single-family home. An
additional connection to the sanitary sewer main is anticipated, however, the existing development and
proposed expansion will not require the extension of public water or sewer mains.
Streets
The proposed development will utilize the existing SW 10th Avenue (minor arterial) for access. Private
drives will be utilized for interior circulation and privately owned by 4BSC, LLC. The annexation of SW 10th
Avenue will result in a maintenance and replacement cost to the City of $8,800 per year.
Metro Bus Service
Metro Service currently ends 0.65 miles to the east at the intersection of SW 10 th Avenue and SW
Wanamaker Road.
City of Topeka Planning Department
5/20/2024
Page 3
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
Ability to Provide Adequate Public Services
FIRE
1) What is the estimated cost (operational and capital) to your Department/Division to provide
adequate service to the proposed annexation?
No Additional.
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
No additional impacts are anticipated.
Ability to Provide Adequate Public Services
FORESTRY
1) What is the estimated cost (operational and capital) to your Department/Division to provide
adequate service to the proposed annexation?
No major cost to department
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
Single small annexations can be taken care of by forestry with no major impacts to operating
budget. However, the cumulative effects of multiple annexations will ultimately not be
sustainable.
Ability to Provide Adequate Public Services
POLICE
1) What is the estimated cost (operational and capital) to your Department/Division to provide
adequate service to the proposed annexation?
The cost for providing service to this area for TPD would be minimal and easily absorbed by our
current personnel.
City of Topeka Planning Department
5/20/2024
Page 4
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes. I don’t see an impact to the current or future budget.
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
I don’t foresee any issues from this potential annexation that would impact current
service levels to our existing call load.
Ability to Provide Adequate Public Services
STREETS
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in current year $s):
$8,800 per year
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Not at current funding levels. Will need to explore in future increase funding for street
maintenance and pavement management program.
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
N/A
Ability to Provide Adequate Public Services
STORMWATER
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in 2024 $s):
a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
No additional cost. All infrastructure existing.
b. Estimate annualized replacement cost of the asset This is based on 100-year
replacement cycle.
No additional cost. All infrastructure existing.
c. Estimate annualized revenue over the lifecycle of the assets.
$7,220
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
No other issues known at this time.
City of Topeka Planning Department
5/20/2024
Page 5
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
Ability to Provide Adequate Public Services
WASTEWATER
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in 2024 $s):
a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
No additional cost. All infrastructure existing.
b. Estimate annualized replacement cost of the asset This is based on 100-year
replacement cycle.
No additional cost. All infrastructure existing.
c. Estimate annualized revenue over the lifecycle of the assets).
Estimated to be a loss of $3,291 due to this already being connected and a lower
utility rate following annexation.
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
No other issues known at this time.
Ability to Provide Adequate Public Services
WATER
1) What is the estimated cost/benefit of providing adequate service to the proposed
annexation (in 2024 $s):
a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
No additional cost. All infrastructure existing.
b. Estimate annualized replacement cost of the asset This is based on 100-year
replacement cycle.
No additional cost. All infrastructure existing.
c. Estimate annualized revenue over the lifecycle of the assets.
Loss of $3,383.
2) Can the estimated cost of service be carried out under your current or anticipated future
budget? If not, what would it take to do so?
Yes
3) Describe any other issues that would affect your ability to provide adequate service to the
annexation area, or impact service levels to existing residents/businesses of the city.
No other issues known at this time.
City of Topeka Planning Department
5/20/2024
Page 6
Annexation Proposal
Properties located at 6545 & 6549 SW 10th Avenue
Fact Sheet & Department Comments
Ability to Provide Adequate Public Services
Topeka Metro Bus Service
1) Do you currently provide service to this subdivision/immediate area?
We do not provide service to this area.
2) If not, can you provide service?
We are not expanding service at this time.
3) What is the estimated cost of providing service to this subdivision?
$300,000. This area has limited potential for productive service since it is removed or separated
from our regular service by a major highway.
City of Topeka Planning Department
5/20/2024
Page 7
TOPEKA PLANNING COMMISSION
Monday, May 20, 2024
CASE MINUTES
Members present: Willie Brooks, Corey Dehn, Jennifer Hannon, Del-Metrius Herron, Jim Kaup, William
Naeger, Donna Rae Pearson, and Jim Tobaben, (8)
Members Absent: Katy Nelson, (1)
Staff Present: Rhiannon Friedman, Planning & Development Director, Dan Warner, Planning Director;
Michael Hall, Land Use Manager; Bryson Risley, Planner; Amanda Tituana-Feijoo,
Administrative Officer; Matthew Mullen, Legal
A24/03 Annexation, Sports Center (owner 4BSC LLC) requesting annexation of approximately 58 acres
located on south side of SW 10th Avenue and immediately west of Interstate 470.
Staff:
Bryson Risley presented the staff report and staff’s recommendations of approval.
Questions/Comments by Commissioners
Commissioner Naeger inquired about additional costs to the city, especially the forestry department. Mr. Risley
stated generally forestry is looking at something that is in the right-of-way that they would be responsible for. Larger
subdivisions, that have a lot of right-of-way, bring concerns with the costs associated with maintaining those trees.
Commissioner Kaup suggested deleting a reference to Mission Township and a tax levy out of the staff report.
Motion by Commissioner Kaup, second by Commissioner Hannon to approve the annexation of the property as it
is consistent with the comprehensive plan. Approved 8-0
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
Director of Public
Works
SECOND PARTY/SUBJECT: Bartlett and West, Inc. PROJECT #: T-701028.00
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
APPROVAL of a Public Works Engineering Contract between the City of Topeka and Bartlett and West,
Inc., in an amount not to exceed $348,480 to perform professional engineering services.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Services include public engagement, traffic study, geotechnical, concept plans and high level cost estimates.
Design, inspection, and construction services are not included in this contract or scope of work for Street
Improvements on SW Huntoon Street from SW Gage Boulevard to SW Harrison Street.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for professional services. Pursuant to TMC 3.30.010, all contracts for
professional services exceeding $50,000 must be approved by the Governing Body.
STAFF RECOMMENDATION:
Staff recommends that the Governing Body approves the contract as part of the consent agenda.
BACKGROUND:
On January 17, 2024, the City issued a request for proposals bid event 2922 for professional engineering
services for providing engineering design for the complete reconstruction of the SW Huntoon St. roadway, from
SW Gage Blvd. to SW Harrison St. Proposals were received on February 13, 2024, and evaluated. After
evaluations staff recommend entering into an agreement for services as specified with the most qualified firm for
this particular project with Bartlett and West, Inc.
BUDGETARY IMPACT:
$348,480.00
SOURCE OF FUNDING:
2023 CIP, Res # 9318, Fix our streets sales tax
ATTACHMENTS:
Description
Barlett and West Contract Task I Huntoon 701028.00
Insurance attachment
RFP Event 2922 Preveiw
RFP Event 2922 Professional Engineering Services SW Huntoon St. T-701028.00.pdf
2023 CIP Pg 57
Contract No.
Project No. 701028.00
CITY OF TOPEKA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
STANDARD AGREEMENT
FOR
ENGINEERING SERVICES
THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Bartlett & West, Inc. (Engineer);
WITNESSETH:
WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on City of
Topeka Project No. 701028.00 SW Huntoon St. – SW Gage Blvd. to SW Harrison St. roadway project. These
services include providing engineering design and construction documents for the reconstruction of the existing
roadway (the Project); and,
WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);
and,
WHEREAS, the Engineer is prepared to provide the Services;
NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.
agree to the following:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be
ARTICLE 2 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka
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Project No. 701028.00
ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable
sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.
ARTICLE 4 - COMPENSATION
Owner shall pay Engineer in accordance with the Attachment B, Compensation.
ARTICLE 5 – OWNER’S RESPONSIBILITIES
Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.
ARTICLE 6 - SUPPLEMENTAL AGREEMENTS
The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.
ARTICLE 7 - PROJECT SCHEDULE
The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.
ARTICLE 8 - STANDARD OF CARE
Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily
possessed and exercised by a professional engineer under similar circumstances.
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,
officers, employees and elected officials from all loss, damage, cost, or expenses specifically including attorneys’
fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or
elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer
specifically agrees that this duty to indemnify and hold harmless will apply to the following:
a. Claims, suits, or action of every kind and description when such suits or actions arise from the
alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or
subcontractors.
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Project No. 701028.00
b. Injury or damages received or sustained by any party because of the negligent acts, errors, or
omissions of the Engineer, its employees, agents, or subcontractors.
Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will
satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.
The insurance coverages are as follows:
(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in
the general aggregate.
(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for
bodily injury and property damage.
(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory
requirements, with a limit of $500,000 for each accident.
(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.
Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance
acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be
submitted with each agreement.
Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes
or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until
such time as the work has been delivered to the Owner.
Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is
terminated for any reason, the terms and conditions of this Article shall survive.
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Project No. 701028.00
ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY
Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety
precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or
other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to
comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses
required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,
Scope of Services.
ARTICLE 11 - OPINIONS OF COST AND SCHEDULE
Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the
resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction
costs and of construction schedules shall be made on the basis of experience and qualifications as a professional
engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from
Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.
ARTICLE 12 - REUSE OF DOCUMENTS
All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer
pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented
to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without
prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and
without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle
Engineer to compensation at rates to be agreed upon by Owner and Engineer.
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ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as
part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the
unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data
bases, computer software, and other proprietary property protected under the copyright laws of the United States.
Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the
property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,
or modified in the performance of the Services at no additional cost to the Owner.
ARTICLE 14 - TERMINATION
This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen
calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other
party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written
notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to
Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services
performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer
shall be made to Engineer's compensation.
ARTICLE 15 - DELAY IN PERFORMANCE
Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by
circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such
circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil
disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,
state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either
Owner or Engineer under this Agreement.
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Project No. 701028.00
Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from
performing, give written notice to the other party describing the circumstances preventing continued performance
and the efforts being made to resume performance of the Agreement.
For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by
circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance
Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and
Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant
selection for City projects.
In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall
have no claim against Owner for damages or contract adjustment other than an extension of time.
ARTICLE 16 - COMMUNICATIONS
Any communication required by this Agreement shall be made in writing to the address specified below:
Engineer: Jeff Lolley, PE
Bartlett & West, Inc. 1200
SW Executive Drive
Topeka, KS 66615
785-272-2252
Owner: City Clerk
215 SE 7th St.
Topeka, KS 66603
(785) 368-3940
With a Copy to: City of Topeka Engineering Division
620 SE Madison, 2nd Floor
Topeka, KS 66607
(785) 368-3842
Nothing contained in the Article shall be construed to restrict the transmission of routine communications
between representatives of Engineer and Owner.
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ARTICLE 17 - WAIVER
A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not
affect the waiving party's rights with respect to any other or further breach.
ARTICLE 18 - SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event
rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any
other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions
of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of
this Agreement be determined void.
ARTICLE 19 - INTEGRATION
This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and
contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating
to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby
incorporated into and shall become a part of this Agreement
ARTICLE 20 - SUCCESSORS AND ASSIGNS
Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,
assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,
successors, executors, administrators, assigns, and legal representatives of such other party in respect to all
provisions of this Agreement.
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ARTICLE 21 - ASSIGNMENT
Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent
of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or
discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent
Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the
Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent
consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely
responsible for the negligent performance of the independent consultants, associates, and subcontractors so
employed.
ARTICLE 22 - THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.
ARTICLE 23 – RELATIONSHIP OF PARTIES
Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of
Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the
relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and
conditions of this Agreement.
8
01/17/2024
Contract No.
Project No. 701028.00
IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.
CITY OF TOPEKA
Owner Engineer
By: Richard U. Nienstedt By:
Interim City Manager
Title Title
Date: Date:
Attest: Attest:
City Clerk, Brenda Younger
APPROVED AS TO FORM AND LEGALITY
DATE______________ BY___________________
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01/17/2024
Contract No.
Project No. 701028.00
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
SCOPE OF SERVICES
BASIC SERVICES
The Engineer agrees to provide services defined below for the project. The project shall be designed in
accordance to City of Topeka standards and specifications. The project is specifically defined as the
performance of the following:
• Scope Development
• Public Information
o Public Information Meeting 1
o 6+ Meetings with local NIA groups, school districts, and affected businesses
o Compilation of data received from meetings
o Contact individuals from public meeting 1 with responses to their comments, questions, and/or
concerns
• Traffic Study
o Traffic Counts
o 1 driving lane vs. 2 driving lanes
o Stop conditions
o Crash report and exhibits
• Geotechnical Report
o 12 to 15 roadway bores, 10' deep
o Pavement recommendations for asphalt and concrete
o Pavement base recommendations for aggregate, lime, and concrete
o Street maintenance recommendations
• Utility Coordination
o City of Topeka Utilities
o Coordination of needed and proposed utility work along and adjacent to Huntoon St.
• Development of three (3) roadway scope of improvement concepts
o Exhibits and summary reports
o Construction Cost Estimates
o Review with City
• Public Information
o Public Information Meeting 2
o Compilation of data received from Public Meetings 1 & 2
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01/17/2024
Contract No.
Project No. 701028.00
o Contact individuals from public meetings 1 & 2 with responses to their comments, questions, and/or
concerns
• City Council Presentation
o Finalize exhibits and reports for 3 concept options for presentation to City Council
o Review with City
o Present to City Council
SUPPLEMENTAL SERVICES
Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental
Services. Supplemental Services shall include, but are not limited to the following.
a. Changes in the general scope, extent, or character of the project or its design, including but
not limited to changes in size, complexity, schedule, character of construction or method of
financing; and revising previously accepted studies, reports, or design documents when such
revisions are required by changes in laws, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies/reports/documents or designs or due to any
other causes beyond the Engineer’s control.
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Contract No.
Project No. 701028.00
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
COMPENSATION
For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:
A. For the Basic Services described in Attachment A, an amount equal t o the cumulative hours charged
to the project by each class of Engineer’s employees times the standard hourly charge rates for each
applicable billing class, plus reimbursable expenses.
The total fee for the project shall not exceed $ 348,480.00 without authorization by the Owner. Any
additions to the Scope of Work or changes in the extent of services provided will result in an
equitable adjustment in the total maximum fee. Payments shall be made monthly in amounts, which are
consistent with the amount of engineering services provided.
Exhibit A shows the individual fee totals per task as outlined in Attachment A.
B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
the Owner. The maximum limit for each item of additional service shall be established individually and
specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
agreement.
Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
will be billed at 1.5 times the rates listed (non-engineer time only).
Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
calls, reproduction and similar project related expenses.
D. The entire amount of each statement shall be due and payable upon receipt by the Owner.
E. It is understood and agreed:
1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
proceed and shall complete the work in accordance with the contract times set forth in Attachment
E, Project Schedule.
2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
costs and expenses which records shall be available for inspection at all reasonable times.
12
01/17/2024
Contract No.
Project No. 701028.00
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
OWNER'S RESPONSIBILITIES
The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:
1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
services required under this contract.
2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
promptly to prevent delay to the Engineer.
3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
rendered under this agreement. This individual shall have the authority to transmit instructions, receive
information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
services.
4. Issue notices to proceed to the Engineer for each phase of the design services.
13
01/17/2024
Contract No.
Project No. 701028.00
ATTACHMENT D
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
SUPPLEMENTAL AGREEMENTS
Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.
14
01/17/2024
Contract No.
Project No. 701028.00
ATTACHMENT E
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.
PROJECT SCHEDULE
Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.
1. Schedule: Engineer will make plan submittals to Owner based on the following schedule:
a. Concept Drawings - Engineer will submit concept drawings within N/A calendar days after Notice to
Proceed by Owner.
b. Field Check - Engineer will submit field check drawings within N/A calendar days after Notice to Proceed
by Owner.
c. Right-of-Way Drawings - Engineer will submit right-of-way drawings within N/A calendar days after the
Notice to Resume Work is given by Owner following Field Check.
d. Office Check - Engineer will submit office check drawings and specifications within N/A calendar days
after the Notice to Resume Work is given by Owner following Field Check.
e. Bid Documents - Engineer will submit bid documents within N/A calendar days after the Notice to Resume
Work is given by Owner following Office Check.
f. As-Built Plans – Engineer will submit as-built plans within N/A calendar days after marked-up plans are
returned to the Engineer, from the Owner or within N/A calendar days after all punch list items have been
completed if the Engineer’s firm provided construction inspection services for the project.
15
01/17/2024
ATTACHMENT F
TO
AGREEMENT FOR ENGINEERING SERVICES
BARTLETT & WEST, INC.
2024 SCHEDULE OF HOURLY CHARGES
Effective January 1, 2024
Engineer/Arch/Landscape Arch XII $280.00
Engineer/Arch/Landscape XI 257.00
X 240.00 GIS Coordinator IX $259.00
Engineer Arch IX 225.00 GIS Coordinator VIII 243.00
Landscape Architect VIII 210.00 GIS Coordinator VII 231.00
Architect Arch VII 196.00 GIS Coordinator VI 215.00
Operations Consultant Arch VI 185.00 GIS Coordinator V 203.00
Environmental Planner hV 175.00 GIS Coordinator IV 187.00
Transportation Planner IV 165.00 GIS Coordinator III 176.00
ngArch III 155.00 GIS Coordinator II 159.00
Engineer/Arch/Landscape Arc II 143.00 GIS Coordinator I 147.00
Engineer/Arch/Landscape Arch I 130.00
GIS Developer/DBA VI $224.00
Engineering Technician XI $220.00 GIS Developer/DBA V 207.00
Engineering Technician X 185.00 GIS Developer/DBA IV 191.00
Engineering Technician IX 173.00 GIS Developer/DBA III 176.00
Engineering Technician VIII 155.00 GIS Developer/DBA II 162.00
Engineering Technician VII 142.00 GIS Developer/DBA I 152.00
Engineering Technician VI 130.00
Engineering Technician V 121.00 GIS Analyst V $158.00
Engineering Technician IV 114.00 GIS Analyst IV 141.00
Engineering Technician III 108.00 GIS Analyst III 134.00
Engineering Technician II 102.00 GIS Analyst II 124.00
Engineering Technician I 95.00 GIS Analyst I 114.00
Surveyor X $225.00 GIS Technician V $127.00
Surveyor IX 205.00 GIS Technician IV 115.00
Surveyor VIII 185.00 GIS Technician III 103.00
Surveyor VII 164.00 GIS Technician II 91.00
GIS Technician I 80.00
Survey Technician VIII $150.00
Survey Technician VII 135.00 Project Coordinator V $182.00
Survey Technician VI 120.00 Project Coordinator IV 166.00
Survey Technician V 110.00 Project Coordinator III 150.00
Survey Technician IV 102.00 Project Coordinator II 137.00
Survey Technician III 95.00 Project Coordinator I 121.00
Survey Technician II 90.00
Survey Technician I 85.00
Systems Analyst $201.00
Construction Eng. Tech IX $196.00 Systems Administrator 152.00
Construction Eng. Tech VIII 174.00 Systems Technician 101.00
Construction Eng. Tech VII 160.00
Construction Eng. Tech VI 149.00
Construction Eng. Tech V 136.00 Administrator VI $157.00
Construction Eng. Tech IV 120.00 Administrator V 140.00
Construction Eng. Tech III 107.00 Administrator IV 126.00
Construction Eng. Tech II 96.00 Administrator III 104.00
Construction Eng. Tech I 84.00 Administrator II 93.00
Administrator I 84.00
Right-of-Way Technician VI $145.00 Administrative Technician V $95.00
Right-of-Way Technician V 129.00 Administrative Technician IV 82.00
Right-of-Way Technician IV 116.00 Administrative Technician III 73.00
Right-of-Way Technician III 104.00 Administrative Technician II 68.00
Right-of-Way Technician II 92.00 Administrative Technician I 59.00
Right-of-Way Technician I 84.00
The listed rates are subject to annual adjustment January 1 of each year BWE-2024
EXHIBIT A
City of Topeka Project No. 701028.00 Project
SW Huntoon St. - Gage Blvd. to Harrison St. Engineer Coordinator
1 3 8 12 2
Manhour estimate for roadway design planning - Phase I
$ 130 $ 155 $ 210 $ 280 $137
TASK Expenses Total
1 Scope Development 16 16 $ 7,840
$ -
2 Public Information $ -
Public Information Meeting 1 4 4 8 8 40 $ 10,000 $ 20,540
6+ Meetings with local NIA groups, school districts, and affected businesses 40 40 $ 5,000 $ 24,600
Compilation of data received from meetings 40 4 40 $ 15,000
Contact individuals from public meeting 1 with responses to their comments, questions, and/or concerns 16 16 $ 5,552
$ -
3 Traffic Study $ 50,000 $ 50,000
- Traffic Counts $ -
- 1 driving lane vs. 2 driving lanes $ -
- Stop conditions $ -
- Crash report and exhibits $ -
$ -
4 Geotechnical Report $ 25,000 $ 25,000
12 to 15 roadway bores, 10' deep $ -
Pavement recommendations for asphalt and concrete $ -
Pavement base recommendations for aggregate, lime, and concrete $ -
Street maintenance recommendations $ -
$ -
5 Utility Coordination 40 40 $ 19,600
- City of Topeka Utilities $ -
- Coordination of needed and proposed utility work along and adjacent to Huntoon St. $ -
$ -
6 Development of three (3) roadway scope of improvement concepts $ -
Exhibits and summary reports 80 80 80 16 $ 2,000 $ 46,080
Construction Cost Estimates 8 8 8 2 $ - $ 4,520
Review with City 2 2 $ - $ 980
$ -
7 Public Information $ -
Public Information Meeting 2 4 4 8 8 16 $ 7,252
Compilation of data received from Public Meetings 1 & 2 40 4 24 $ 12,808
Contact individuals from public meetings 1 & 2 with responses to their comments, questions, and/or concerns 16 16 $ 5,552
$ -
8 City Council Presentation $ -
Finalize exhibits and reports for 3 concept options for presentation to City Council 8 8 8 4 8 $ 2,000 $ 8,176
Review with City 2 2 $ 980
Present to City Council 2 2 $ 980
104 104 326 148 160 $ 94,000 $ 348,480
DocuSign Envelope ID: B6E13E8C-0992-4AE0-AAC2-7C7652375B31
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/25/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
NAME: IMA Wichita Team
IMA, Inc. - Kansas City PHONE FAX
11350 Switzer Rd (A/C, No, Ext): 316-267-9221 (A/C, No):
E-MAIL
Suite 200 ADDRESS: certs@imacorp.com
Overland Park KS 66210 INSURER(S) AFFORDING COVERAGE NAIC #
License#: PC-1210733 INSURER A : National Fire Insurance Company of Hartford 20478
BART&WE-01
INSURED INSURER B : The Continental Insurance Company 35289
Bartlett & West, Inc.
INSURER C : Valley Forge Insurance Company 20508
1200 SW Executive Drive
Topeka KS 66615-3850 INSURER D : Beazley Insurance Company, Inc. 37540
INSURER E : American Casualty Company of Reading, 20427
INSURER F :
COVERAGES CERTIFICATE NUMBER: 65758800 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 6042700793 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
X Contractual MED EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X JECT X LOC
PRO-
PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
E COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY 6042700731 7/1/2023 7/1/2024 (Ea accident)
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
NON-OWNED
X HIRED
AUTOS ONLY
X AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
Comp/Collision Ded: $ $1,000/$1,000
B X UMBRELLA LIAB X OCCUR 6043288583 7/1/2023 7/1/2024 EACH OCCURRENCE $ 9,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000
X RETENTION $ $
DED 10,000
PER OTH-
C WORKERS COMPENSATION 6042700745 7/1/2023 7/1/2024 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
D Professional/Pollution Liability C1BE77230801 7/1/2023 7/1/2024 Prof/Pol Each Claim $5,000,000
Prof/Pol Aggregate $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
States of North Dakota, Ohio, Washington & Wyoming are not included in the Workers Compensation Coverage.
General Liability Policy includes Stop Gap Liability for North Dakota, Ohio, Washington & Wyoming, subject to the policy terms and conditions.
General Liability Policy includes Contractual Liability for Railroads, subject to the terms, conditions, limitations and exclusions
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Topeka
Public Works Department, Engineering Division
215 E 7th Street AUTHORIZED REPRESENTATIVE
Topeka, KS 66603
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Event # 2922-0
Name: Professional Engineering Services T-701028.00
Reference: SW Huntoon St., Gage to Harrison T-701028.00
Description: The City of Topeka is requesting proposals for professional engineering services for Project No. T-
701028.00, SW Huntoon Street from SW Gage Boulevard to SW Harrison Street. The services
include providing a conceptual plan for pavement and other public infrastructure improvements
along the project corridor.
Buyer: Glenn Roth Status: Draft
Event Type: RFP Currency: USD
Category: PROFESSIONAL SERVICES Sub Category: ENGINEERING
Sealed Bid: Yes Respond To All Lines: Yes
Q & A Allowed: Yes Number Of Amendments: 0
Event Dates
Preview: Q & A Open: 01/17/2024 10:16:00 AM
Open: 01/17/2024 10:15:00 AM Q & A Close: 02/07/2024 12:00:00 PM
Close: 02/13/2024 02:00:00 PM Dispute Close:
Terms And Conditions
General
General
Read all terms and conditions before registering or responding to a bid event.
Thank you for your interest in registering online to do business with the City of Topeka. All data in this website is subject to the
Statues of the State of Kansas and ordinances contained in the Topeka Municipal Code. The City of Topeka shall not be held liable
or legally bound by any software limitations or defect. The City of Topeka operates under and is subject to the Central Time Zone
(CST or CDT).
The City of Topeka strives to include as many suppliers to enhance the competitive sealed bidding process. The City is unable to
include every supplier in all events that they may be able to quote on. Registration on this site does not guarantee your
organization notification of every bidding opportunity.
January 17, 2024 Page 1
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Event # 2922-0: Professional Engineering Services T-701028.00
Disclaimer
The City of Topeka attempts to maintain continuous access to the supplier portal. However, from time to time, access may be
interrupted or prevented due to maintenance, site problems, Internet problems, or problems experienced by the user due to the
user’s computer system. The City makes no warranties that the supplier portal will be uninterrupted or error-free. Regardless of the
source of any problem, it is the user’s responsibility to ensure that its bid is timely received. Because of the discrepancies inherent
in timing mechanisms (e.g. cell phone, computers, mobile devices), the bid time will be determined based upon the time indicated
on the City server for the Strategic Sourcing application. If the user does not submit its bid at or before the time indicated on the
City server for the Strategic Sourcing application, the bid will be electronically rejected by the Strategic Sourcing application as
untimely.
The City shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use
the supplier portal; (ii) unauthorized access to or alteration of the user’s transmissions or data; or (iii) any other matter relating to
the supplier portal.
It shall be the bidder’s responsibility to advise the City of Topeka of any specifications, language, other requirements or any
combinations thereof, which restricts or limits bidding. Such notification must be submitted in writing and must be received by the
Contracts and Procurement Division no later than five (5) days prior to the bid closing. The specifications were written with the
intent of permitting competitive bidding. The City of Topeka reserves the right to waive minor deviations in the specifications which
inadvertently restrict bidding to a single manufacturer (or vendor) or when such deviations do not alter nor deter the City from
accomplishing the intended use or function. Each bid shall include descriptive literature and specifications on the product bid.
However, the providing of this material shall not be considered a substitute for listing deviations.
Amendments to Bids: To ensure maximum access opportunities for users, events/solicitations shall typically be posted for a
minimum of ten (10) days and no amendments shall typically be made within the last three days before the event/solicitation is
due. Bidders/vendors are cautioned that the competitive nature of their offers could be affected if their submission does not
include all amendments. For this reason bidders/vendors are advised to revisit all solicitations to which they intend to respond
three (3) days prior to the due date. It is the bidder’s/vendor’s responsibility to check the website from time to time for updates to
events/solicitations and to pick up additional addenda and information.
All bids shall be considered firm for a period of forty-five (45) calendar days from the bid opening date unless otherwise stated in
the bid specification document(s).
If bidders have a concern about bid specifications, or any term or condition that they believe restricts competition, bidders must
contact, in writing, the Procurement Buyer assigned, no later than five (5) days prior to bid closing. Upon receipt, the Procurement
Buyer will research the issue and provide a response within five (5) days. Failure to submit a question or concern within the five (5)
day period will waive any right the bidder may have to challenge the bid letting or a bid award.
Standard Terms and Conditions
Contractural Provision
City of Topeka
Department of Administrative and Financial Services
Contracts and Procurement Division (Rev 06.2021)
CONTRACTUAL PROVISIONS
1.TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this Attachment shall prevail and control over the terms of any
other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.
2.AGREEMENT WITH KANSAS LAW
All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.
January 17, 2024 Page 2
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Event # 2922-0: Professional Engineering Services T-701028.00
3.TERMINATION DUE TO LACK OF FUNDING
If, in the judgment of the City Manager, sufficient funds will not be available to continue the functions performed in this agreement
and for the payment of the charges hereunder, City may terminate this agreement at the end of its current and any succeeding
fiscal year. City agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year.
Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided City under the
contract. City will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus
contractual charges incidental to the return of any such equipment. Upon termination of the agreement by City, title to any such
equipment shall revert to contractor at the end of City’s current fiscal year. The termination of the contract pursuant to this
paragraph shall not cause any penalty to be charged to the City or the contractor.
4. TERMINATION FOR CONVENIENCE
The Director of Contracts & Procurement or designee may terminate performance of work under this contract in whole or in part
whenever the Director determines that the termination is in the best interest of the City. In the event of termination, the Director
or designee shall provide the Contractor written notice at least thirty (30) days prior to the termination date. The termination shall
be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may not have
been terminated by the notice.
5.DISCLAIMER OF LIABILITY
No provision of this contract will be given effect that attempts to require the City to defend, hold harmless, or indemnify any
contractor or third party for the City’s acts or omissions. The City’s liability is limited to the liability established in the Kansas Tort
Claims Act, K.S.A. 75-6101 et seq.
6.ANTI-DISCRIMINATION CLAUSE
The contractor agrees: (a) to comply with all federal, state, and local laws and ordinances prohibiting unlawful discrimination and
to not unlawfully discriminate against any person because of age, color, disability, familial status, gender identity, genetic
information, national origin or ancestry, race, religion, sex, sexual orientation, veteran status or any other factor protected by law
in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or
advertisements for employees, the phrase “equal opportunity employer;” and (c) to include those provisions in every subcontract
or purchase order so that they are binding upon such subcontractor or vendor. The contractor understands and agrees that the
failure to comply with the requirements of this paragraph may constitute a breach of contract, and the contract may be cancelled,
terminated or suspended, in whole or in part by the City of Topeka.
7.ACCEPTANCE OF CONTRACT
This contract shall not become effective until the legally required approvals have been given.
8.ARBITRATION, DAMAGES, WARRANTIES
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the City or any department or division
thereof subject to binding arbitration. Further, the City of Topeka shall not be subject to attorney fees and no provision will be
given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and
fitness for a particular purpose.
9.REPRESENTATIVE’S AUTHORITY TO CONTRACT
By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the
contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions
thereof.
10.RESPONSIBILITY FOR TAXES
The City of Topeka shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be
imposed or levied upon the subject matter of this contract.
11.INSURANCE
The City of Topeka shall not be required to purchase any insurance against loss or damage to any personal property to which this
contract relates. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), and the claims provisions of the
Code of the City of Topeka (Section 3.35.010 et seq.), the contractor shall bear the risk of any loss or damage to any personal
property in which the contractor holds title.
CONTRACTOR:_____________________________________________
AUTHORIZED SIGNATURE:_____________________________________________
January 17, 2024 Page 3
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Event # 2922-0: Professional Engineering Services T-701028.00
Terms and Conditions
STANDARD TERMS AND CONDITIONS
Qualification Based Selection (RFP, RFQ, etc.)
Includes Architectural, Engineering, and Appraisal Services for Public Buildings and Improvements
1. READ ALL STANDARD TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS AND THE SCOPE OF WORK CAREFULLY.
Failure to abide by all the conditions of this request may result in the rejection of a proposal. Inquiries about this request must be
addressed during the open question and answer period. Proposals including attachments (proposal, drawings, photographs, etc.)
shall be submitted through the City’s online bidding portal.
2. SINGLE POINT OF CONTACT: The single point of contact for all inquiries, questions, or requests shall be the City of Topeka
Contracts and Procurement Buyer or their designee initiating this solicitation. All communications shall be directed to the Buyer. No
communication is to be had with any other City employee or representative while the bidding event is open and until a contract
and/or purchase order is awarded and issued. Bidders may have contact with other City employees or representatives during
negotiations, contract signing, or as otherwise specified in the solicitation documentation.
3. NEGOTIATED PROCUREMENT: The City reserves the right to negotiate with the selected bidder of this solicitation. The final
evaluation and award is made by the Procurement Negotiating Committee (Committee), which consists of the Department Director
of the originating department, the Director of Administrative and Financial Services, the Director of Contracts and Procurement, or
their designees. (For architectural, engineering and appraisal services, the City Engineer or designee will take the place of the
Director of Contracts and Procurement or designee.)
4. APPEARANCE BEFORE COMMITTEE: Bidders may be required to appear before the Committee to explain their understanding and
approach. The Committee may request additional information. Bidders are prohibited from electronically recording these meetings.
All information received prior to the cut-off time will be considered as part of the bidder’s best and final offer. No additional
revisions shall be made after the specified cut-off time unless requested by the Committee.
5. QUESTIONS & ADDENDA: All questions shall be submitted during the open questions period section of the City’s online bidding
portal. It shall be the bidder’s responsibility to monitor the City’s bidding portal for answers to questions and any addenda issued
that may alter or change the scope of the solicitation. Any and all binding modifications to the solicitation shall be made by
addendum.
6. PRE-PROPOSAL CONFERENCE: If so noted, all Pre-Proposal Conferences will be scheduled and information posted on the
Meetings section in the solicitation. Attendance is typically not mandatory, but is strongly encouraged. At the Pre-Proposal
Conference impromptu questions will be permitted and spontaneous unofficial answers will be provided when possible. However,
bidders should clearly understand that the only official answer or position of the City will be by written and issued by addendum.
7. COST OF PREPARING PROPOSAL: The cost of developing and submitting the proposal is entirely the responsibility of the bidder.
This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating
the contract, and other costs associated with the solicitation.
8. EVALUATION OF PROPOSALS: Award shall be made through the qualification based selection process. Consideration and
evaluation of such proposals will include but not be limited to:
• Adequacy and completeness of proposal;
• Compliance with the terms and conditions of the request;
• Experience in providing like services or products;
• Qualified staff;
• Methodology in accomplishing objectives;
• Response format as required by this request;
• Price; and
• Any other requirements specific to the service or product as outlined by the City of Topeka.
9. ACCEPTANCE OR REJECTION: The City reserves the right to accept or reject any or all proposals or part of a proposal; to waive
any informalities or technicalities; clarify any ambiguities in proposals; modify criteria in the solicitation; and unless otherwise
specified, to accept any item in a proposal.
10. CONTRACT: The successful bidder may be required to enter into a written contract with the City, which will incorporate the
Contractual Provisions Attachment and Contractor’s Statement of Agreement. No contract shall be considered to have been
entered into by the City unless executed by the City Manager and the vendor. Professional service contracts exceeding fifty
thousand dollars (50,000) must be approved by the Governing Body prior to being executed by the City Manager.
11. CONTRACT DOCUMENTS: In the event of a conflict in terms of language among the documents, the following order shall
govern:
• Contractual Provisions Attachment and Contractor’s Statement of Agreement, if incorporated in the Contract;
• Written modifications to the executed contract;
• Written contract signed by the parties;
12. OPEN RECORDS ACT: All proposals become the property of the City of Topeka. Kansas law requires all information contained in
proposals to become open for public review (with certain exceptions available under the Act) once a contract is signed or all
January 17, 2024 Page 4
10:04:45 AM
Event # 2922-0: Professional Engineering Services T-701028.00
proposals rejected.
13. FEDERAL, STATE AND LOCAL TAXES – GOVERNMENTAL ENTITY: Unless otherwise specified, the price as negotiated shall
include all applicable federal, state, and local taxes. The successful vendor shall pay all taxes lawfully imposed on it with respect to
any product or service delivered in accordance with this solicitation. The City of Topeka is exempt from state sales or use taxes,
and federal excise taxes. These taxes shall not be included in the bidder’s price quotations.
14. SUSPENSION FROM BIDDING: Any vendor who defaults on delivery as defined in this solicitation may, at the discretion of the
Director of Contracts and Procurement, be barred from bidding or receiving an award on any subsequent solicitation for a period of
time to be determined by the City.
15. INSURANCE: The City shall not be required to purchase any insurance against loss or damage to any personal property nor
shall the City establish a self-insurance fund to protect against any loss or damage. Subject to the provisions of the Kansas Tort
Claims Act, the vendor shall bear the risk of any loss or damage to any personal property.
16. CASH BASIS AND BUDGET LAWS: All contracts are subject to the State of Kansas Cash Basis and Budget laws. [K.S.A. 10-1101;
79-2925 et seq.] Any obligation incurred as a result of the issuance of the contract or purchase order binds the City only to the
extent that funds are available at the time payment is required.
City Legal Approval February 8, 2022
RFP Special Provisions
SPECIAL PROVISIONS
Proposal Format: The following information shall be part of the technical proposal: Vendors are instructed to prepare their
Technical Proposal following the same sequence as this section of the Request For Proposal.
(1)Transmittal letter which includes the following statements:
(a)That the vendor is the prime contractor and identifying all subcontractors
(b)That the vendor is a corporation or other legal entity
(c)That no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal
(d)That the vendor does not discriminate in employment practices with regard to race, color, religion, age (except as provided by
law), sex, marital status, political affiliation, national origin or disability
(e)That no cost or pricing information has been included in the transmittal letter or the Technical Proposal. Pricing information, if
requested, shall be uploaded as separately named electronic file.
(f)That the vendor presently has no interest, direct or indirect, which would conflict with the performance of services under this
contract and shall not employ, in the performance of this contract, any person having a conflict
(g)That the person signing the proposal is authorized to make decisions as to pricing quoted and has not participated, and will not
participate, in any action contrary to the above statements;
(h)Whether there is a reasonable probability that the vendor is or will be associated with any parent, affiliate or subsidiary
organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the vendor which
would relate to the performance of this contract. If the statement is in the affirmative, the vendor is required to submit with the
proposal, written certification and authorization from the parent, affiliate or subsidiary organization granting the City and/or the
federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions
related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the vendor will obtain a
similar certification and authorization and failure to do so will constitute grounds for termination of the contract at the option of the
City
(i)Vendor agrees that any lost or reduced federal matching money resulting from unacceptable performance in a contractor task or
responsibility defined in the Request, contract or modification shall be accompanied by reductions in City payments to contractor
and
(j)That the vendor has not been retained, nor has it retained a person to solicit or secure a City contract on an agreement or
understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide
established commercial selling agencies maintained by the vendor for the purpose of securing business. For breach of this
provision, the Committee shall have the right to reject the proposal, terminate the contract and/or deduct from the contract price
or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.
Vendor's Qualifications: The vendor must include a discussion of the vendor's corporation and each subcontractor if any. The
discussion shall include the following:
(a)Date established
(b)Ownership (public, partnership, subsidiary, etc.)
(c)Number of personnel, full and part time, assigned to this project by function and job title
(d)Data processing resources and the extent they are dedicated to other matters
(e)Location of the project within the vendor's organization
January 17, 2024 Page 5
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Event # 2922-0: Professional Engineering Services T-701028.00
(f)Relationship of the project and other lines of business and
(g)Organizational chart
The contractor shall be the sole source of contact for the contract. The City will not subcontract any work under the contract to
any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed
by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services
performed or goods provided by any subcontractor.
A description of the vendor's qualifications and experience providing the requested or similar service including resumes of
personnel assigned to the project stating their education and work experience. The vendor must be an established firm recognized
for its capacity to perform. The vendor must be capable of mobilizing sufficient personnel to meet the deadlines specified in the
Request.
A timeline for implementing services.
Payment: To be negotiated.
Insurance Req with Errors and Omissions Coverage
INSURANCE REQUIREMENTS
WORKERS COMPENSATION:Contractor’s, when required by law must maintain in effect throughout the life of this contract, Workers
Compensation insurance to cover the contractor’s employees, in full limits as required by statute.
INSURANCE RESP0NSIBILITY & LIABILITY:Notwithstanding any language to the contrary, no interpretation shall be allowed to find
the City or any of its departments, officers or employees responsible for loss or damage to persons or property as a result of the
contractor’s actions.
CONTRACTOR SHALL MAINTAIN MINIMUM COVERAGE AS FOLLOWS:
Commercial General Liability:
Per Occurrence$1,000,000
General Aggregate$2,000,000
Products & Completed Operations Coverage Aggregate$2,000,000
Property Damage per occurrence$100,000
Automobile Liability
Combined Single Limit for Bodily Injury and Property Damage Aggregate$500,000
Professional Liability (Errors and Omissions)
Provide separate “claims made” form
Per Claim$1,000,000
General Aggregate$2,000,000
CERTIFICATES OF INSURANCE: Certificates of Insurance should be issued immediately after the Contractor received notification of
award and prior to the notice to proceed. The Contractor must not commence any work under this Contract until Purchase Orders
are issued by the City of Topeka.
NAMED INSURED: The City of Topeka shall be named as an additional insured party on the Certificate of Liability Insurance.
NOTIFICATION OF ALTERATION OR MATERIAL CHANGE OR CANELLATION: A minimum of ten (10) days written notification must be
given by an insurer or any alteration, material change, or cancellation affecting any certificates or policies of insurance as required
under this Contract. Such required notification must be sent via Registered or Certified Mail to the address below:
City of Topeka
Contracts & Procurement Division
215 SE 7th Street, Room 60
Topeka, KS 66603
January 17, 2024 Page 6
10:04:45 AM
Event # 2922-0: Professional Engineering Services T-701028.00
Attachments
Attachment
Event 2922 Professional Engineering Services SW Huntoon St. T-701028.00.pdf
Commodity Codes
Commodity Code Description
918 CONSULTING SERVICES
925 ENGINEERING SERVICES, PROFESSIONAL
Line Details
Line 1: Professional Engineering Services T-701028.00
Description: Enter 1.00 in the unit price field and upload your technical proposal. Pricing proposals are not being solicited at
this time and will be negotiated with the selected firm. You must click "Submit" to submit your proposal.
Item: SW HUNTOON STREET T-701028.00 HUNTOON GAGE TO SW HARRISON ST
Commodity 925 ENGINEERING SERVICES, PROFESSIONAL
Code:
Quantity: 1.000 UOM: EA
Requested 12/31/2024
Delivery Date:
Require Yes Price Breaks Allowed: No Alternate Items No
Response: Allowed:
Add On No
Charges
Allowed:
Line 1 Distributions
Event Company Dist Company Acct Unit Account Percent
1 1 2750909105 53000 100.000%
January 17, 2024 Page 7
10:04:45 AM
Contracts & Procurement Division procurement@topeka.org
City Hall, 215 SE 7th St., Room 60 Tel: 785-368-3749
Topeka, KS 66603 Fax: 785-368-4499
RFP for Professional Engineering Services
SW Huntoon Street
(SW Gage Blvd. to SW Harrison Street)
Conceptual Plan
Project No. 701028.00
I. Purpose for Request
The City of Topeka (City) is requesting proposals for professional engineering services for
Project No. 701028.00, “SW Huntoon St.: Gage Blvd. to Harrison St.” (the Project). The
services include providing a conceptual plan for pavement and other public infrastructure
improvements along the Project corridor. See exhibit at the end of this request for the Project
limits. This concept plan will identify and define multiple options for the scope of improvements
for the following: pavement, curb and gutter, and sidewalks; lane configuration; addition of
Complete Streets elements; traffic signals and other traffic control devices; street lighting;
landscaping; and construction timeframe/phasing. In addition, the condition of all City-owned
utilities will be investigated, and the concept plan will include recommendations for replacement
or repair, as appropriate. The concept plan will be conducted in 2024 and will provide the City
with multiple options for the scope of improvements for the Project.
II. Background Information
SW Huntoon St. is a two-lane, one-way (eastbound) minor arterial roadway between Gage
Blvd. and Harrison St. PCI values range from 12 to 84, with a weighted average of 60. This
section of Huntoon St. is primarily residential as it goes past the Westboro, Collins Park,
College Hill, Central Park, and Historic Holiday Park neighborhoods. There is also a small
business area at Oakley Ave. There are existing traffic signals at the Gage Blvd., Washburn
Ave., Lane St., Taylor St., and Topeka Blvd. intersections.
III. Scope of Services
This project will investigate multiple options for the scope of improvements. Basic Services
provided may include, but are not limited to the following:
A. Meet with City staff at critical stages throughout the conceptual investigation for the Project
and document these meetings.
B. Measure existing and determine projected traffic volumes.
C. Perform select field and topographic surveys, as needed.
D. Coordinate with the City Utilities Department to assess the existing condition of City-
owned utility systems, and determine warrants and guidelines to follow for
improvements to these systems.
Page 1 of 3
E. Investigate existing subgrade and pavement types, thicknesses, and conditions.
F. Investigate and/or provide recommendations for changes to or additions of the following
elements: scope of pavement improvements, pavement type, lane configuration,
sidewalks, Complete Streets elements, traffic signals and other traffic control devices,
street lighting, and landscaping.
G. Attend and conduct up to six (6) public information and/or stakeholder meetings during
the concept phase to gather input and feedback from (and provide information and
updates to) the public, neighborhood associations, and other stakeholder groups.
H. Determine up to three (3) options for the scope of improvements for the Project, with a
preliminary opinion of construction cost estimate for each option. Associated design
life, level of service, and other pros and cons should be clearly identified for each
option. General construction phasing and timelines should also be determined for each
option.
I. Assist City staff with public relations and responses to inquiries from residents, business
owners, the general public.
Additional services to be considered, as selected at the sole option of the City, include the
following: survey and design; construction inspection and administration.
IV. Deliverables
The concept plan will be conducted in 2024. Multiple options for the scope of improvements, as
described above, will be presented to the City for determination and selection of the desired
scope of work. The Engineering Division will administer the Project for the City.
V. Schedule
The concept plan will be conducted in 2024. Design work will begin in 2025, with right-of-way
acquisition and utility relocations, as necessary, in 2026. Depending on the ultimate scope of
work, construction is anticipated to occur in 2027-2029.
VI. City Resources to Be Provided
All information that the City has relating to the project will be made available to the selected
firm.
VII. Proposed Format
All information submitted becomes the property of the City of Topeka. Proposals received after
the time indicated in this request will not be considered. Proposals are to be limited to a total of
10 (ten) pages (not counting front and back cover, cover letter, table of contents, and section
dividers) using margins not smaller than 0.75” and font size not smaller than 10. The proposal
should include the following:
A. Project understanding
B. Project approach
C. Company background
D. Similar experience
E. Project team
F. Proposed design schedule
G. Exhibit (limit 1 page; 8”x11.5” or 11”x17”; e.g. preliminary alignment for the Project,
plan-profile sheet from a previous project, public relations flier from previous project)
Page 2 of 3
VIII. Selection Process
The City will review all submittals and select the Firm that is deemed most qualified to begin
the negotiation process for the scope of services and schedule of fees. If the City and the
selected Firm cannot agree on scope and/or a schedule of fees, the City may terminate
negotiations and proceed with selecting another Firm. Proposal evaluation scoring will be based
primarily on the following considerations:
A. 20% Project Understanding
B. 20% Project Approach
C. 15% Company Background
D. 15% Similar Experience
E. 15% Project team
F. 15% Proposed Design Schedule
Project Limits
SW Huntoon Street: Gage Blvd. to Harrison Street
Page 3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Braxton Copley, Public DOCUMENT #:
Works Director
SECOND PARTY/SUBJECT: Hotel Topeka ADA PROJECT #:
Path, Sidewalk and
Loading Dock Repairs
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers Marcus
Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $125,662 from the Unassigned
Reserve Fund for site improvements at Hotel Topeka.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would allow for construction of a handicap accessible walkway from Topeka Boulevard to Hotel
Topeka, repairs to the existing sidewalk on the exterior of the building and repairs to the existing loading dock
on the north side of the hotel. The Policy and Finance Committee will consider this item at the June 11, 2024
Committee meeting.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the recommendation of the Public Infrastructure Committee.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
This is for construction of a handicap accessible walkway from Topeka Boulevard to Hotel Topeka, repairs to the
existing sidewalk on the exterior of the building and repairs to the existing loading dock on the north side of the
hotel. An engineering scope and fee of $15,000, a contingency fee of 10% and taxes are included in the
estimate. The Policy and Finance Committee will consider this item at the June 11, 2024 Committee meeting.
BUDGETARY IMPACT:
$125,662.00
SOURCE OF FUNDING:
Excess Funds from the 2023 Unreserved Fund Balance. This project meets one or more of the conditions stated
in Resolution No. 9512 for use of said funds.
ATTACHMENTS:
Description
Resolution
Capital Request Form
Cook, Flatt and Strobel ADA Path Estimate
Cook, Flatt and Strobel Sidewalk & Loading Dock Repairs Estimate
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by the Policy and Finance Committee comprised of
4 Councilmembers Marcus Miller, Spencer Duncan and Michelle
5 Hoferer, authorizing the use of $125,662 from the Unassigned
6 Reserve Fund for site improvements at Hotel Topeka.
7
8 WHEREAS, Resolution No. 9512 establishes a policy regarding Unassigned
9 Reserve Fund expenditures that requires Governing Body authorization; and
10 WHEREAS, there’s a need for site improvements at Hotel Topeka; and
11 WHEREAS, the Governing Body agrees with the need for these improvements.
12 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
13 CITY OF TOPEKA, KANSAS, that it authorizes $125,662 from the Unassigned Reserve
14 Fund for site improvements including an ADA accessible path with sidewalks and ramps,
15 loading dock repairs and sidewalk repairs at Hotel Topeka. This project meets one or more
16 of the conditions stated in Resolution No. 9512 for use of said funds.
17 ADOPTED and APPROVED by the Governing Body .
18
19 CITY OF TOPEKA, KANSAS
20
21
22
23
24 Michael Padilla, Mayor
25 ATTEST:
26
27
28
29 ______________________________
30 Brenda Younger, City Clerk
RES/Unassigned Reserve (Hotel Topeka Site Improvements) 5/22/24 1
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Braxton Copley, Public DOCUMENT #:
Works Director
SECOND PARTY/SUBJECT: Hotel Topeka Fire and PROJECT #:
Smoke Damper
Actuators Replacement
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers Marcus
Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $59,589.19 from the Unassigned
Reserve Fund for the replacement of faulty smoke and fire damper actuators at Hotel Topeka.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would allow the transfer of $59,589.19 to the Topeka Development Corporation (TDC) to replace
faulty smoke and fire damper actuators at the Hotel Topeka. The Policy and Finance Committee will consider
this item at the June 11, 2024 Committee meeting.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the recommendation of the Public Infrastructure Committee to approve funding that will allow
TDC to replace faulty smoke and fire damper actuators in 36 guest rooms at Hotel Topeka.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Hotel Topeka staff have completed an evaluation of all fire and smoke dampers. In the hotel, 13 actuators on
each floor are mechanically activated and 26 actuators on each floor are operated by a fusible link that once
melted, will shut the damper. Staff have identified that 36 of the mechanically activated dampers need to be
replaced or repaired. To do the work, access panels must be installed. To address the immediate life safety issue,
all of the mechanically operated dampers have been closed. Johnson Controls has provided a cost estimate of
$34,344.00 to remove and replace the faulty fire and smoke damper actuators, and Kelley Construction Co. has
provided a cost estimate of $27,650.00 to expand access panel openings and install new access panels and
patchwork for each room, totaling $59,589.19 including tax. The Policy and Finance Committee will consider this
item at the June 11, 2024 Committee meeting.
BUDGETARY IMPACT:
$59,589.19
SOURCE OF FUNDING:
Excess Funds from the 2023 Unreserved Fund Balance. This project meets one or more of the conditions stated
in Resolution No. 9512 for use of said funds.
ATTACHMENTS:
Description
Resolution
Capital Request Form
Johnson Controls Quote
Kelley Construction Co. Quote 1
Kelley Construction Co. Quote 2
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by the Policy and Finance Committee comprised of
4 Councilmembers Marcus Miller, Spencer Duncan and Michelle
5 Hoferer, authorizing the use of $59,589.19 from the Unassigned
6 Reserve Fund for the replacement of faulty smoke and fire damper
7 actuators at Hotel Topeka.
8
9 WHEREAS, Resolution No. 9512 establishes a policy regarding Unassigned
10 Reserve Fund expenditures that requires Governing Body authorization; and
11 WHEREAS, there are 36 sleeping rooms in Hotel Topeka with faulty fire and smoke
12 damper actuators that need replaced; and
13 WHEREAS the Governing Body agrees with the need to replace the actuators.
14 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
15 CITY OF TOPEKA, KANSAS, that it authorizes $59,589.19 from the Unassigned Reserve
16 Fund to replace faulty smoke and fire damper actuators in Hotel Topeka. This project
17 meets one or more of the conditions stated in Resolution No. 9512 for use of said funds.
18 ADOPTED and APPROVED by the Governing Body .
19
20 CITY OF TOPEKA, KANSAS
21
22
23
24
25 Michael Padilla, Mayor
26 ATTEST:
27
28
29
30 ______________________________
31 Brenda Younger, City Clerk
RES/Unassigned Reserve (Hotel Topeka Actuators) 5/13/24 1
Capital Request Form
Location Hotel Topeka at City Center
Scope Remove and replace faulty fire and smoke damper actuators from 36 sleeping rooms. Expand access panel opening and install new access panel to install new
damper actuators. Patchwork for each room was requested in the estimate.
Date Vendor Quote
Proposal #1 Johnson Controls/Benchmark $ 71,886.45
Proposal #2 Johnson Controls/Kelley $ 59,589.19
Proposal #3 Johnson Controls/RVS $ 92,667.56
Proposal #4 Johnson Controls/Murray & Sons $ 62,914.52 Date
Proposal #5 P1 Service/Benchmark $ 80,256.10 Approval: Wayne Wazlawik 5/10/2024
Proposal #6 P1 Service/Kelley $ 67,958.84 General Manager
Proposal #7 P1 Service/RVS $ 101,037.21 Date
Proposal #8 P1 Service/Murray & Sons $ 71,284.17 Approval:
Regional Director of Operations
Budget Not Budgeted Actual $ 59,589.19 Date
Approval:
If Over Budget Why?
Make sure all proposals at attached
Questions: Do they have workers Compensation insurance
Copy of insurance with our entity additional insured
What is the warranty on the work performed
5/15/2024
Capital Request Form
Location Hotel Topeka at City Center
Scope Remove and replace faulty fire and smoke damper actuators from 36 sleeping rooms. Expand access
damper actuators. Patchwork for each room was requested in the estimate.
Date Vendor Quote
Proposal #1 5/2/2024 Johnson Controls $ 37,555.16
Proposal #2 5/7/2024 P1 Service, LLC $ 45,924.81
Proposal #3
Proposal #4
Proposal #5
Proposal #6
Proposal #7
Proposal #8
Budget Not Budgeted Actual $ 37,555.16
If Over Budget Why?
Make sure all proposals at attached
Questions: Do they have workers Compensation insurance
Copy of insurance with our entity additional insured
What is the warranty on the work performed
at City Center
leeping rooms. Expand access panel opening and install new access panel to install new
Date
Approval: Wayne Wazlawik 5/10/2024
General Manager
Date
Approval:
Regional Director of Operations
Date
Approval:
Capital Request Form
Location Hotel Topeka at City Center
Scope Remove and replace faulty fire and smoke damper actuators from 36 sleeping rooms. Expand access
damper actuators. Patchwork for each room was requested in the estimate.
Date Vendor Quote
Proposal #1 5/8/2024 Benchmark Property Remodeling $ 34,331.29
Proposal #2 5/8 & 5/9/2024 Kelley Construction $ 22,034.03
Proposal #3 5/8/2024 RVS Drywall $ 55,112.40
Proposal #4 5/10/2024 Murray and Sons Construction Co. $ 25,359.36
Proposal #5
Proposal #6
Proposal #7
Proposal #8
Budget Not Budgeted Actual $ 22,034.03
If Over Budget Why?
Make sure all proposals at attached
Questions: Do they have workers Compensation insurance
Copy of insurance with our entity additional insured
What is the warranty on the work performed
at City Center
leeping rooms. Expand access panel opening and install new access panel to install new
Date
Approval: Wayne Wazlawik 5/10/2024
General Manager
Date
Approval:
Regional Director of Operations
Date
Approval:
HOTEL TOPEKA FIRE SMOKE DAMPER ACTUATORS
Quote Prepared by John White
05/03/2024
PROPOSAL
Account Information
POSAL
Bill To: HOTEL TOPEKA AT CITY CENTER
1717 SW TOPEKA BLVD
TOPEKA KS
USA 66612
Quote Reference Number: 1-1P1T9YLB
Project Name: HOTEL TOPEKA FIRE SMOKE DAMPER ACTUATORS
Site: HOTEL TOPEKA AT CITY CENTER
1717 SW TOPEKA BLVD
TOPEKA KS 66612-1410
Branch Info: JOHNSON CONTROLS KANSAS CITY MO CB - 0N42
Attn: Juan Lim
Customer Information
Name: Juan Lim
This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work, subject to credit
approval By Johnson Controls, Inc. Milwaukee, WI.
We propose to furnish the materials and/or perform the work below for the net price of: $34,344.00
This proposal is valid through: 06/02/2024
HOTEL TOPEKA AT CITY CENTER Johnson Controls Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
PO:
CONFIDENTIAL: For customer review. ©2022 Johnson Controls
Page 1 of 6
Proposal Overview
Benefits/Scope of Work: Furnish and install quantity of 36 new fire smoke damper actuators for 120 volt
application.
Excludes any associated ceiling work or ceiling repair.
Exclusions: 1.Labor or material not specifically described above is excluded from this proposal.
2.Unless otherwise stated, any and all overtime labor is excluded from this proposal.
3.Applicable taxes or special freight charges are excluded from this proposal
CONFIDENTIAL: For customer review. ©2022 Johnson Controls
Page 2 of 6
(IMPORTANT): This proposal incorporates by reference the terms and conditions which are attached to this document. All work is to be performed Monday
through Friday during normal Johnson Controls, Inc. (JCI) business hours unless otherwise noted. This proposal, or any accepted alternates, are hereby accepted
by Customer, and JCI is authorized to proceed with the work; subject, however, to credit approval by JCI, Milwaukee, Wisconsin.
TERMS AND CONDITIONS
By accepting this proposal, Customer agrees to be bound by the following terms and conditions:
1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching, and painting are excluded. Disinfecting of chiller
condenser and cooling tower water systems and components for biohazards, such as but not limited to Legionella, are excluded unless otherwise specifically
stated in this agreement. In-line duct and piping devices, including, but not limited to valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required
hereunder to be furnished by JCI, shall be distributed and installed by others under JCI's supervision but at no additional cost to JCI. Customer agrees to provide
JCI with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. JCI agrees to keep the job site clean of debris
arising out of its own operations. Customer shall not back charge JCI for any costs or expenses without JCI's written consent. Unless specifically noted in the
statement of the scope of work or services undertaken by JCI under this agreement, JCI's obligations under this agreement expressly exclude any language or
provision of the agreement elsewhere contained which may authorize or empower the Customer to change, modify, or alter the scope of work or services to be
performed by JCI and shall not operate to compel JCI to perform any work relating to Hazards or Biohazards, such as but not limited to Legionella, without JCI's
express written consent.
2. INVOICE AND PAYMENTS. JCI may invoice Customer monthly for all materials delivered to the job site or to an off-site storage facility and for all work
performed on-site and off-site. Customer shall pay JCI at the time Customer signs this agreement an advance payment equal to [10%] of the contract price, which
advance payment shall be credited against the final payment (but not any progress payment) due hereunder. Unless otherwise agreed to by the parties, payment
is due to JCI upon Customer's receipt of JCI's invoice. Such payment is a condition precedent to JCI's obligation to perform any work under this agreement.
Invoices shall be paid by Customer via electronic delivery via EFT/ACH. Invoicing disputes must be identified by Customer in writing within 21 days of the date of
the invoice. Payment of any disputed amounts are due and payable upon resolution of such dispute. Customer acknowledges and agrees that timely payments of
the full amounts listed on invoices is an essential term of this Agreement and Customer's failure to make payment in full when due is a material breach of this
Agreement. Customer further acknowledges that if there is any amount outstanding on an invoice; it is material to JCI and will give JCI, without prejudice to any
other right or remedy, the right to, without notice: (i) suspend, discontinue or terminate performing any services and/or withhold further deliveries of equipment and
other materials, terminate or suspend any unpaid software licenses, and/or suspend JCI's obligations under or terminate this Agreement; and (ii) charge Customer
interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month or the maximum rate permitted under applicable law, until
payment is made in full. JCI's election to continue providing future services does not, in any way diminish JCI's right to terminate or suspend services or exercise
any or all rights or remedies under this Agreement. JCI shall not be liable for any damages, claims, expenses, or liabilities arising from or relating to suspension of
services for non-payment. In the event that there are exigent circumstances requiring services or the JCI otherwise performs services at the premises following
suspension, those services shall be governed by the terms of this Agreement unless a separate contract is executed. If Customer disputes any late payment notice
or JCI's efforts to collect payment. Customer shall immediately notify JCI in writing and explain the basis of the dispute. Customer will pay all of JCI's reasonable
collection costs (including legal fees and expenses). In the event of Customer's default, the balance of any outstanding amounts will be immediately due and
payable. Lien waivers will be furnished upon request, as the work progresses, to the extent payments are received.
3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without
the fault of JCI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of
permanent unavailability, JCI shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the
materials or equipment permanently unavailable and the cost of a reasonably available substitute therefore.
4. EQUIPMENT WARRANTY. JCI warrants that equipment manufactured or labeled by JCI shall be free from defects in material and workmanship arising from
normal usage for a period of one year. No warranty is provided for third-party products and equipment installed or furnished by JCI. Such products and equipment
are provided with the third party manufacturer's warranty to the extent available, and JCI will transfer the benefits, together with all limitations, of that manufacturer'
s warranty to Customer. All transportation charges incurred in connection with the warranty for equipment and/or materials not installed by JCI shall be borne by
Customer. These warranties shall not extend to any equipment that has been abused, altered, misused or repaired by Customer or third parties without the
supervision of and prior written approval of JCI, or if JCI serial numbers or warranty date decals have been removed or altered. Customer must promptly report any
failure of the equipment to JCI in writing. Unless agreed to in writing by the parties, any technical support, assistance, or advice ("Technical Support") provided by
JCI, such as suggestions as to design use and suitability of the equipment and products for the Customer's application, is provided in good faith, but Customer
acknowledges and agrees that JCI is not the designer, engineer, or installer of record. Any Technical Support is provided for informational purposes only and shall
not be construed as a representation or warranty, express or implied, concerning the proper selection, use, and/or application of the equipment and products.
Customer assumes exclusive responsibility for determining if the equipment and products supplied by JCI are suitable for its intended application and all risk and
liability, whether based in contract, tort or otherwise, in connection with its application and use of the equipment and products.
5. LIMITED WARRANTY. JCI warrants its workmanship or that of its agents (Technicians) in relation to installation of equipment for a period of ninety (90) days
from date of installation. Customer shall bear all labor costs associated with replacement of failed equipment still under JCI's equipment warranty or the original
manufacturer's warranty, but outside the terms of this express labor warranty. All warranty labor shall be executed on normal business days during JCI normal
business hours. These warranties do not extend to any equipment which has been repaired by others, abused, altered, or misused in any way, or which has not
been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. UNDER NO CIRCUMSTANCES SHALL JCI BE LIABLE FOR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO ANY DEFECT IN MATERIAL OR WORKMANSHIP OF
EQUIPMENT OR THE PERFORMANCE OF SERVICES. JCI makes no and specifically disclaims all representations or warranties that the services, products,
software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detect the presence of, or eliminate,
treat, or mitigate the spread, transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19.
6. LIABILITY. To the maximum extent permitted by law, in no event shall JCI and its affiliates and their respective personnel, suppliers and vendors ("JCI Parties")
be liable to you or any third party under any cause of action or theory of liability even if advised of the possibility of such damages, for any: (a) special, incidental,
consequential, punitive, or indirect damages; (b) lost profits, revenues, data, customer opportunities, business, anticipated savings, or goodwill; (c) business
interruption; or (d) data loss or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems. In any case, the entire
aggregate liability of the JCI Parties under this proposal for all damages, losses, and causes of action (whether in contract, tort (including negligence), or
CONFIDENTIAL: For customer review. ©2022 Johnson Controls
Page 3 of 6
otherwise) shall be limited to the amounts payable to JCI hereunder.
7. FAR. JCI supplies "commercial items" within the meaning of the Federal Acquisition Regulations (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S.
Government contract, JCI will comply only with those mandatory flow-downs for commercial item and commercial services subcontracts listed either at FAR
52.244-6, or 52.212-5(e)(1), as applicable.
8. TAXES. The price of this proposal does not include duties, sales, use, excise, or other taxes, unless required by federal, state, or local law. Customer shall pay,
in addition to the stated price, all taxes not legally required to be paid by JCI or, alternatively, shall provide JCI with acceptable tax exemption certificates. JCI shall
provide Customer with any tax payment certificate upon request and after completion and acceptance of the work.
9. DELAYS. JCI shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstance beyond JCI's control, including
but not limited to; acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Customer, Owner, or other Contractors or delays
caused by suppliers or subcontractors of JCI, etc.
10. COMPLIANCE WITH LAWS. JCI shall comply with all applicable federal, state, and local laws and regulations, and shall obtain all temporary licenses and
permits required for the prosecution of the work. Licenses and permits a permanent nature shall be procured and paid for by the Customer.
11. PRICING. JCI may increase prices upon notice to the Customer to reflect increases in material and labor costs. Prices for products covered by this Agreement
may be adjusted by JCI, upon notice to Customer at any time prior to shipment and regardless of Customer's acceptance of JCI's proposal or quotation, to reflect
any increase in JCI's cost of raw materials (e.g., steel, aluminum) inability to secure Products, changes or increases in law, labor, taxes, duties, tariffs or quotas,
acts of government, any similar charges, or to cover any extra, unforeseen and unusual cost elements. This Agreement is entered into with the understanding that
the services to be provided by JCI are not subject to any local, state, or federal prevailing wage statute. If it is later determined that local, state, or federal prevailing
wage rates apply to the services to be provided by JCI, JCI reserves the right to issue a modification or change order to adjust the wage rates to the required
prevailing wage rate. Customer agrees to pay for the applicable prevailing wage rates.
12. DISPUTES. JCI shall have the sole and exclusive right to determine whether any dispute, controversy or claim arising out of or relating to the Agreement, or
the breach thereof, shall be submitted to a court of law or arbitrated. The laws of Delaware shall govern the validity, enforceability, and interpretation of this
Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Milwaukee, Wisconsin. The
parties waive any objection to the exclusive jurisdiction of the specified forums, including any objection based on forum non conveniens. In the event the matter is
submitted to a court, JCI and Customer hereby agree to waive their right to trial by jury. In the event the matter is submitted to arbitration by JCI, the costs of
arbitration shall be borne equally by the parties, and the arbitrator's award may be confirmed and reduced to judgment in any court of competent jurisdiction. If JCI
prevails in any collection action. Buyer will pay all of JCI's reasonable collection costs (including legal fees and expenses). Except as provided below, no claim or
cause of action, whether known or unknown, shall be brought by either party against the other more than one year after the claim first arose. Claims not subject to
the one-year limitation include claims for unpaid: (1) contract amounts, (2) change order amounts (approved or requested) and (3) delays and/or work
inefficiencies.
13. INSURANCE. Insurance coverage in excess of JCI's standard limits will be furnished when requested and required. No credit will be given or premium paid by
JCI for insurance afforded by others.
14. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney's fees
which may arise in connection with the execution of the work herein specified and which are caused, by the negligent act or omission of the indemnifying Party.
15. CUSTOMER RESPONSIBILITIES. Customer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its
computer network ("Network") and shall supply JCI secure Network access for providing its services. Products networked, connected to the internet, or otherwise
connected to computers or other devices must be appropriately protected by Customer and/or end user against unauthorized access. Customer is responsible to
take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively "Data") prior to
receiving the service or products.
16. FORCE MAJUERE: JCI shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services,
or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or
indirectly, by a Force Majeure Event. A "Force Majeure Event" is a condition or event that is beyond the reasonable control of JCI, whether foreseeable or
unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe
rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of
any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation,
strikes, lock-outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other
casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism,
electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyber-
attacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation, or any other cause or casualty beyond the reasonable control of JCI.
If JCI's performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance
under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the
Agreement due to a Force Majeure Event, JCI will be entitled to extend the relevant completion date by the amount of time that JCI was delayed as a result of the
Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. To the extent that the Force Majeure Event
directly or indirectly increases JCI's cost to perform the services, Customer is obligated to reimburse JCI for such increased costs, including, without limitation,
costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees, compliance with
vaccination requirements or other costs and expenses incurred by JCI in connection with the Force Majeure Event.
17. SAFETY, HEALTH AND HAZARDOUS MATERIALS. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under,
or any alleged violation of the, Occupational Safety and Health Act relating in any way to the project or project site. ACM /Hazardous Materials: Customer shall
supply JCI with any information in its possession relating to the presence of asbestos-containing materials ("ACM") or hazardous materials at any of its facilities
where JCI's undertakes any Work or Services that may result in the disturbance of ACM or hazardous materials. JCI shall not be responsible for abatement and/or
removal and disposal of hazardous materials or ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM or hazardous materials that
may be disturbed by JCI's Work or Services, JCI shall immediately stop all work until such ACM or hazardous or unsafe condition is rectified by Owner and Owner
so notifies JCI in writing that work can safely be resumed, based on test conducted by a licensed testing organization. Timetables for delivery of JCI's products or
services and the contract price shall be adjusted appropriately for any associated delay.
18. ONE-YEAR CLAIMS LIMITATION. No claim or cause of action, whether known or unknown, shall be brought against JCI more than one year after the claim
first arose. Except as provided for herein, JCI's claims must also be brought within one year. Claims for unpaid contract amounts are not subject to the one-year
limitation.
CONFIDENTIAL: For customer review. ©2022 Johnson Controls
Page 4 of 6
19. DIGITAL ENABLED SERVICES.; DATA. If JCI provides Digital Enabled Services under this Agreement, these Digital Enabled Services require the collection,
transfer and ingestion of building, equipment, system time series, and other data to JCI's cloud-hosted software applications. Customer consents to and grants
JCI right to collect, ingest and use such data to enable JCI and its affiliates and agents to provide, maintain, protect, develop and improve the Digital Enabled
Services and JCI products and services. Customer acknowledges that, while Digital Enabled Services generally improve equipment performance and services,
Digital Enabled Services do not prevent all potential malfunction, insure against all loss, or guarantee a certain level of performance. Customer shall be solely
responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network ("Network"), shall appropriately protect
hardware and products connected to the Network and will supply JCI secure Network access for providing its Digital Enabled Services. As used herein, "Digital
Enabled Services" mean services provided hereunder that employ JCI software and related equipment installed at Customer facilities and JCI cloud-hosted
software offerings and tools to improve, develop, and enable such services. Digital Enabled Service may include, but are not limited to, (a) remote servicing and
inspection, (b) advanced equipment fault detection and diagnostics, and (c) data dashboarding and health reporting. If Customer accesses and uses Software that
is used to provide the Digital Enabled Services, the Software Terms (defined below) will govern such access and use.
20. JCI DIGTAL SOLUTIONS. Use, implementation, and deployment of the software and hosted software products ("Software") offered under these terms shall
be subject to, and governed by, JCI's standard terms for such Software and Software related professional services in effect from time to time at www.
johnsoncontrols.com/techterms (collectively, the "Software Terms"). Specifically, the JCI General EULA set forth at www.johnsoncontrols.
com/buildings/legal/digital/generaleula governs access to and use of software installed on Customer's premises or systems and the JCI Terms of Service set forth
at www.johnsoncontrols.com/buildings/legal/digital/generaltos govern access to and use of hosted software products. The applicable Software Terms are
incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and
interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed
subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take
precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto.
Notwithstanding any other provisions of this Agreement, unless otherwise agreed, the following terms apply to Software that is provided to Customer on a
subscription basis (i.e., a time limited license or use right), (each a "Software Subscription"): Each Software Subscription provided hereunder will commence on
the date the initial credentials for the Software are made available (the "Subscription Start Date") and will continue in effect until the expiration of the subscription
term noted in the applicable statement of work, order or other applicable ordering document . At the expiration of the Software Subscription, such Software
Subscription will automatically renew for consecutive one (1) year terms (each a "Renewal Subscription Term"), unless either party provides the other party with a
notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term. To the extent permitted by applicable law, Software Subscriptions
purchases are non-cancelable, and the sums paid nonrefundable. Fees for Software Subscriptions shall be paid annually in advance, invoiced on the Subscription
Start Date and each subsequent anniversary thereof. Customer shall pay all invoiced amounts within thirty calendar days after the date of invoice. Payments not
made within such time period shall be subject to late charges as set forth in the Software Terms. Unless otherwise agreed by the parties in writing, the subscription
fee for each Renewal Subscription Term will be priced at JCI's then-applicable list price for that Software offering. Any use of Software that exceeds the scope,
metrics or volume set forth in this Agreement and applicable SOW will be subject to additional fees based on the date such excess use began.
21. Privacy. JCI as Processor: Where JCI factually acts as Processor of Personal Data on behalf of Customer (as such terms are defined in the DPA) the terms
at www.johnsoncontrols.com/dpa ("DPA") shall apply. JCI as Controller: JCI will collect, process and transfer certain personal data of Customer and its
personnel related to the business relationship between it and Customer (for example names, email addresses, telephone numbers) as controller and in
accordance with JCI's Privacy Notice at https://www.johnsoncontrols.com/privacy. Customer acknowledges JCI's Privacy Notice and strictly to the extent consent
is mandatorily required under applicable law, Customer consents to such collection, processing and transfer. To the extent consent to such collection, processing
and transfer by JCI is mandatorily required from Customer's personnel under applicable law, Customer warrants and represents that it has obtained such consent.
22. ASSIGNMENT. This Agreement is not assignable by the Customer except upon written consent of JCI first being obtained. JCI shall have the right to assign
this Agreement, in whole or in part, or to subcontract any of its obligations under this Agreement without notice to Customer.
23. TERMINATION. If JCI's performance of its obligations becomes impracticable due to obsolescence or unavailability of systems, equipment, or products
(including component parts and/or materials) or because the JCI or its supplier(s) has discontinued the manufacture or the sale of the equipment and/or products
or is no longer in the business of providing the services, JCI may terminate this Agreement, or the affected portions, at its sole discretion upon notice to Customer.
JCI may terminate this Agreement, or the affected portions, at its sole discretion upon notice to the Customer if JCI's performance of its obligations are prohibited
because of changes in applicable laws, regulations or codes.
24. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations
or understandings. Customer acknowledges and agrees that any purchase order issued by Customer in connection with this Agreement is intended only to
establish payment authority for Customer's internal accounting purposes and shall not be considered to be a counteroffer, amendment, modification, or other
revision to the terms of this Agreement. No term or condition included or referenced in Customer's purchase order will have any force or effect and these terms
and conditions shall control. Customer's acceptance of any Services shall constitute an acceptance of these terms and conditions. Any proposal for additional or
different terms, whether in Customer's purchase order or any other document, unless expressly accepted in writing by JCI, is hereby objected to and rejected.
25. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon JCI unless accepted by JCI in writing.
CONFIDENTIAL: For customer review. ©2022 Johnson Controls
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CONFIDENTIAL: For customer review. ©2022 Johnson Controls
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Wayne Wazlawik
From: bshepherd@kelley-construction.com
Sent: Thursday, May 9, 2024 3:54 PM
To: Wayne Wazlawik
Subject: RE: Hotel Topeka Access Doors
Wayne,
The cost to repair the ceiling around our work to include drywall repair, texture, and paint would be $250 per room.
Bernard Shepherd
Project Manager
Kelley Construction Co., Inc.
P.O. Box 750256
2548 NW Button Road
Topeka, Kansas 66675
785/235-6040 fax: 785/235-3305 cell: 785/221-3086
www.kelley-construction.com
From: Wayne Wazlawik <Wazlawikw@gfhotels.com>
Sent: Thursday, May 9, 2024 3:37 PM
To: bshepherd@kelley-construction.com
Subject: RE: Hotel Topeka Access Doors
Thank you for submi ng your proposal. If you had to patch, retexture or paint some areas, how much would that be
per room?
Thank you.
Wayne A. Wazlawik
General Manager
Hotel Topeka at City Center
1717 SW Topeka Blvd.
Topeka, KS 66612
Phone: (785) 431-4725
Fax: (785) 232-8379
From: bshepherd@kelley-construction.com <bshepherd@kelley-construction.com>
Sent: Wednesday, May 8, 2024 3:45 PM
To: Wayne Wazlawik <Wazlawikw@gfhotels.com>
Subject: Hotel Topeka Access Doors
1
Bernard Shepherd
Project Manager
Kelley Construction Co., Inc.
P.O. Box 750256
2548 NW Button Road
Topeka, Kansas 66675
785/235-6040 fax: 785/235-3305 cell: 785/221-3086
www.kelley-construction.com
2
lrfl KELLEY
1
CONSTRUCTION
May 8, 2024
Kelley Construction
2548 NW Button Rd
Topeka, KS 66618
Ref.: Hotel Topeka Access Doors
Dear Sirs,
Kelley Construction is proposing to provide and install a total of 36-12"xl 8" access doors in
the ceilings of select rooms for the sum of $11,150.00. The work will include cutting out the
drywall, reworking the framing as needed and installing the new access door. We do not
include drywall finishes or painting. We will clean up debris from our work. This quote is
good for 30 days.
If you have any questions, please feel free to contact us. P.O. Box 750256
Topeka, KS 66675
Sincerely, Tel (785) 235 6040
Fax (785) 235 3305
kelley-construction.com
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Randy Phillips DOCUMENT #:
SECOND PARTY/SUBJECT: 2027 Fire Department PROJECT #:
Fleet Replacement
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 900034.00 for the 2027 Fire
Department Fleet Replacement Program. (Public Infrastructure Committee recommended approval on June
12, 2024)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would authorize $2,129,198 to cover the cost of the apparatus and loose equipment on the
apparatus.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
The 2027 Fire Department Fleet Replacement was approved in the 2025-2027 CIB per Resolution No. 9520 on
April 16, 2023 in the amount of $2,129,198. Section 2(d) of said Resolution states the Governing Body must
consider after a recommendation from the Public Infrastructure Committee, whether to authorize a
project if it exceeds $250,000.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The 2027 Fire Department Fleet Replacement Program finances the replacement of Fire apparatus vehicles,
including engines, trucks, aerials and specialty vehicles. Ensuring the availability of reliable apparatus at all times
is crucial. Due to delays in manufacturing, to ensure delivery of the apparatus in 2027, we need to complete the
ordering process.
The amount of $2,129,198 would cover the apparatus and loose equipment on the apparatus.
The Public Infrastructure Committee recommended approval on June 12, 2024.
BUDGETARY IMPACT:
The projected cost breakdown for the 2027 Fire apparatus is Apparatus Cost: $1,961,000; Hose and
Loose Equipment: $114,000; Bond Issuance: $54,000. The total budget amount is $2,129,128.
SOURCE OF FUNDING:
Financed through General Obligation Bonds
ATTACHMENTS:
Description
Resolution
PI Committee Report (June 12, 2024)
PI Committee Minutes (Draft) June 12, 2024
Resolution No. 9520
2025-2034 CIP - 2027 Fire Replacement Program
2027 Apparatus Projected Cost Breakdown
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
5 recommending approval of Project No. 900034.00 for the 2027 Fire
6 Department Fleet Replacement Program.
7
8 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034
9 Capital Improvement Program and the 2025-2027 Capital Improvement Budget (Resolution
10 No. 9520); and
11 WHEREAS, the Resolution requires Governing Body approval for projects that are
12 ready for construction and whose total project budget exceeds $250,000; and
13 WHEREAS, at its meeting on June 11, 2024, the Public Infrastructure Committee
14 recommended approval of the project.
15 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE
16 CITY OF TOPEKA, KANSAS, that Project No. 900034.00 for the 2027 Fire Department
17 Fleet Replacement Program is hereby approved with the following budget:
18 Apparatus Cost $1,961,000
19 Hose and Loose Equipment $114,000
20 Bond Issuance Costs $54,000
21 Total project cost: $2,129,198
22
23
24 ADOPTED and APPROVED by the Governing Body on _____________________.
25 CITY OF TOPEKA, KANSAS
26
27
28
29
30 Michael A. Padilla, Mayor
31 ATTEST:
32
33
34
35 ________________________________
36 Brenda Younger, City Clerk
RES/2024 CIP Projects Exceeding $250,000
2027 Fire Apparatus
6/6/2024
COMMITTEE REFERRAL SHEET
COMMITTEE REPORT
Name of Public Infrastructure
Committee:
Title: RESOLUTION – Project Budget Exceeding $250,000 – 2027
Fire Department Fleet Replacement
Date referred
from Council
meeting:
Date referred June 12, 2024
from
Committee:
Committee MOTION: Committee member Dobler made a motion to
Action: approve the request. Committee member Banks seconded.
Approved 3-0-0.
Comments:
Amendments:
Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
Committee: Neil Dobler
Agenda Date June 18, 2024
Requested:
CITY OF TOPEKA CITY COUNCIL COMMITTEE
MEETING MINUTES
CITY COUNCIL
PUBLIC City Hall, 215 SE 7th Street, Suite 255
INFRASTRUCTURE Topeka, KS 66603-3914
Tel: 785-368-3710
COMMITTEE Fax: 785-368-3958
www.topeka.org
Date: June 12, 2024 – SPECIAL MEETING
Time: 10:30 a.m.
Location: Virtual Attendance Only via Zoom
Committee members present: Council members Sylvia Ortiz (Chair), David Banks,
and Neil Dobler
City staff present: Fire Chief Randy Phillips, Interim City Manager Richard
Nienstedt, Senior City Attorney Brandy Roy-Bachman
Call to Order
Chairwoman Ortiz called the meeting to order at 10:30am. Committee members
introduced themselves.
Approval of May 21, 2024 Meeting Minutes
Committee member Banks made a motion to approve the May 21, 2024 meeting
minutes. Committee member Dobler seconded. Motion approved 3-0-0.
CIP Projects over $250K – Fire Apparatus
Fire Chief Randy Phillips introduced an item that he is seeking approval from the
Committee. The total project budget is $2,129,128. It is part of the 2027 CIB, that
was approved by the Governing Body in April. As this project exceeds the $250K
threshold, it is required to be vetted and approved by the Public Infrastructure
Committee and the Governing Body.
The cost breakdown is as follows:
• Apparatus cost: $1,961,000
• Hose & Loose Equipment for both apparatus: $114,000
• Bond Issuance: $54,000
Chief Phillips explained that this project is to purchase two (2) engine company
apparatus as part of the Fleet Replacement Program for 2027. The City was
informed by the vendor that, in order to ensure delivery of the apparatus during
2027, the Purchase Order (PO) would need to be submitted to them by the end of
June. Because the City bonds the apparatus, the requirement is that the equipment
must be on-site the year of the bond issuance.
1 – Public Works Infrastructure Committee – SPECIAL MEETING
Minutes Taken: June 12, 2024
Minutes Approved:
Committee member Banks referenced past contracts with apparatus businesses and
they had not been of sufficient standard. He inquired who the builder of this
apparatus would be? Chief Phillips responded that Pierce Manufacturing from
Appleton, WI is the builder of the apparatus, and the City works with their local
dealer, Conrad Fire Equipment out of Olathe, KS to obtain the apparatus. He noted
that the City has placed the last number of orders for apparatus with Pierce
Manufacturing.
Chairwoman Ortiz inquired which station this apparatus would be assigned to?
Chief Phillips was not sure at this time. He noted that, between now and 2027, there
are five (5) other engine company apparatus that will be coming in. Anytime new
apparatus arrive, a team from the Fire Department meets with the Fleet shop prior
to arrival to review where the oldest apparatus are, if there are apparatus that have
been having higher than normal maintenance costs and getting those out first.
Depending on where those locations are, the new apparatus will be assigned to
those stations.
MOTION: Committee member Dobler made a motion to approve the request.
Committee member Banks seconded. Motion approved 3-0-0.
Adjourn
Chairwoman Ortiz adjourned the meeting at 10:36am.
This meeting can be viewed online at:
2 – Public Works Infrastructure Committee – SPECIAL MEETING
Minutes Taken: June 12, 2024
Minutes Approved:
To: Governing Body
From: Randy Phillips, Fire Chief
Date: June 7, 2024
Subject: Purchase of 2027 Fire Apparatus
Governing Body,
This item is for the purchase of two engine company fire apparatus for 2027 as part of
the Fire Department fleet replacement program. The total project amount shown below,
along with a projected cost breakdown, has been previously approved during the CIP
process and is being brought back before you as it exceeds $250,000. This project will
be going through the Public Infrastructure Committee for potential approval prior to it
being added to the council agenda for June 18th. To insure delivery of the apparatus
during 2027 we have to have the PO issued to the vendor by the end of June due to
extended deadlines with the manufacturer. I want to thank Finance, Legal, and
Procurement for all of their assistance in this process. If you have further questions,
please contact me.
Total Budget: $2,129,128
Apparatus Cost: $1,961,000
Hose & Loose Equipment: $114,000
Bond Issuance: $54,000
Respectfully,
Randy Phillips
Fire Chief
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: Rhiannon M. Friedman, DOCUMENT #:
Planning and
Development Director
SECOND PARTY/SUBJECT: Neighborhood PROJECT #:
Revitalization Plan
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
DISCUSSION regarding the renewal and adoption of the Neighborhood Revitalization Program for years
2025-2027.
(The current plan is set to expire December 31, 2024.)
VOTING REQUIREMENTS:
Discussion item only. No action required by the Governing Body.
POLICY ISSUE:
The current Neighborhood Revitalization Plan (NRP) is set to expire on December 31, 2024. The current NRP
boundary is based on the 2020 Topeka Neighborhood Health Map. This NRP renewal updates the boundary so
that it is in sync with the current 2023 neighborhood health map. The proposed NRP would last through
December 31, 2027.
STAFF RECOMMENDATION:
Preview proposed 2025-2027 Plan and discuss with no action.
Next steps would be to address any comments and begin presenting Plan to other taxing entities in July and
August for their comments. Afterwards, schedule a public hearing with Governing Body to adopt Plan in fall and
submit to other taxing entities for their approval prior to December 31, 2021.
BACKGROUND:
Topeka's Neighborhood Revitalization Plan began in 1994. The State of Kansas authorized the program through
the Neighborhood Revitalization Act. Topeka was the first city in Kansas to adopt a local plan.
While the plan and program have had variations throughout the years, it has been continuously administered by
the City since 1995 resulting in $504 million of new investment (approximately $390 for commercial and $126
million for residential). With participating taxing entities rebating $63 million over that time, the program has
leveraged $8 of private investment for every public dollar rebated.
BUDGETARY IMPACT:
All taxing entities participate with an interlocal agreement. The other participation tax entities are: Unified School
Districts Nos. 345, 437, 450 and 501; the Board of County Commissioners of Shawnee County; Topeka Metro
Transit Authority; Metro Topeka Airport Authority; Topeka & Shawnee County Library and Washburn University.
There have been 9 plan renewals (every 3-5 years). The current plan expires on December 31, 2024.
The City does not lose any current tax revenue but rebates any increases in property tax as result of new
improvements. Over the most recent term of the Plan (2022-24), the City of Topeka received approximately $1.9
million of new tax generated by past projects and rebated approximately $710,000 annually in property taxes to
current projects.
SOURCE OF FUNDING:
Not applicable.
ATTACHMENTS:
Description
NRP Update Presentation
NRP 2025-2027
NRP Boundary Map
City of Topeka
Neighborhood Revitalization
Plan
2025-2027 Renewal
Background 2
• Topeka was first city to adopt Neighborhood
Revitalization Plan (NRP) as authorized by State
legislation (1995)
• City has approved 9 times since 1995 with 100%
participation of impacted tax entities
• Current plan expires on 12/31/2024
NRP Applications – Approved 3
Total Investment Amount 4
Return on Investment (2006-2023) 5
New Tax Revenue
All Taxing Units = $34M
City of Topeka = $8.3M
Investment by Neighborhood Health 6
520
New
Units
Downtown and Historic Investment 7
Area 8
• Targets “At
Risk”/”Intensive Care”
• 2023 Neighborhood
Health data
• Reduces Boundary 1 sq.
mile (19% of city)
Rebates 9
If…appraised property value increases:
o 10% min. = Residential
o 20% min. = Commercial/Industrial
Then… you’re returned extra property tax caused by your
improvements (50%-95%)
Rebate Types 10
Standard = 95% (years 1-5) 50% (years 6-10)
Standard Plus 10 = 95% (years 1-10)
o Intensive Care, Historic, or Infill Housing
Standard Plus 20 = 95% (11-20 years)
o TIF District, $10M investment, housing
o Governing Body approval
“But For” Tests 11
Standard Rebates
o No “but for” test required; already targets most investment-
challenged areas
o Application within 60 days of building permit OR up to 1 year
with proof of prior intent
o Significant investment thresholds to be eligible
Standard Plus 20 Rebate & Outside NR Area
o “But For” study required
Other Matters 12
• Governing Body can approve a “Dilapidated Structure”
worthy of preservation outside NRP area (KSA 12-17, 116)
• Former Menninger Tower site included in the last update
Next Steps 13
Summer/Fall
• Meet with all taxing entities
Fall/Winter
• Hold public hearing
• City adopts plan
• Inter-local agreements by 12/31/2024
14
City of Topeka
Neighborhood
Revitalization Plan
2025-2027 Renewal
DRAFT
2025-2027
Prepared by : City of Topeka Planning Department
Dan Warner, AICP, Planning Director
Annie Driver, AICP, Planner II
Bryson M. Risley, Planner II
City of Topeka, Kansas
Effective January 1, 2025
ADOPTED BY THE CITY OF TOPEKA GOVERNING BODY:
xx/xx/2024
Table of Contents
Page
Introduction................................................................................................................................. 3
Part 1
Description of Neighborhood Revitalization Area ...................................................................... 6
Part 2
Appraised Valuation of Real Property........................................................................................ 15
Part 3
Listing of Owners of Record in Area ......................................................................................... 15
Part 4
Summary Description of Zoning Districts .................................................................................. 15
Part 5
Major Improvements for NRP Area ........................................................................................... 16
Part 6
Statement Specifying the Eligibility Requirements for a Tax Rebate ........................................ 17
Part 7
Criteria for Determination of Eligibility ..................................................................................... 18
Part 8
Contents of Application for Tax Rebate ..................................................................................... 20
Part 9
Application Procedure ................................................................................................................ 21
Part 10
Standards and Criteria for Approval ........................................................................................... 22
Part 11
Statement Specifying Rebate Formula ....................................................................................... 23
Part 12
Other Matters .............................................................................................................................. 24
Appendix
Shawnee County Tax Levy Schedule ......................................................................................... 26
DRAFT
2025 - 27 Neighborhood Revitalization Plan
Adopted by the Governing Body: xx/xx/2024
2
Introduction
This Plan is intended to promote the revitalization of the inner urban area hereinfter
described as the Neighborhood Revitalization Area (NRA) of the City of Topeka through the
rehabilitation, conservation and redevelopment of the area in order to protect the public health,
safety welfare of the residents of the City. More specifically, in accordance with KSA 12-17,
118 (d), a tax rebate incentive will be available to property owners for certain improvements that
raise the appraised value of residential property 10% and commercial property 20%.
In accordance with KSA 12-17, 114 et. seq., the Governing Body has held a public
hearing and considered the existing conditions and alternatives with respect to the described area,
the criteria and standards for a tax rebate and the necessity for interlocal cooperation among the
other taxing units (City of Topeka, Shawnee County, USD 501 (Topeka), USD 345 (Seaman),
USD 450 (Shawnee Heights), USD 437 (Auburn-Washburn Rural), Washburn University,
Topeka-Shawnee County Public Library, Topeka Metropolitan Transit Authority (TMTA),
Metropolitan Topeka Airport Authority (MTAA). Accordingly, the Governing Body has
reviewed, evaluated, and found that the described area meets one or more of the conditions
contained in KSA 12-17,115 (c).
1. An area in which there is a predominance of buildings or improvements which by
reason of dilapidation, deterioration, obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, the existence of conditions which endanger life or property by fire
and other causes or a combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency or crime and which
is detrimental to the public health, safety or welfare;
2. An area which by reason of the presence of a substantial number of deteriorated or
deteriorating structures, defective or inadequate streets, incompatible land use
relationships, faulty lot layout in relation to size, adequacy, accessibility or
usefulness, unsanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the actual value of the land, defective or unusual conditions of title, or
the existence of conditions which endanger life or property by fire and other
causes, or a combination of such factors, substantially impairs or arrests the sound
growth of a municipality, retards the provision of housing accommodations or
constitutes an economic or social liability and is detrimental to the public health,
safety or welfare in its present condition and use; or
DRAFT
2025 - 27 Neighborhood Revitalization Plan
Adopted by the Governing Body: xx/xx/2024
3
3. An area in which there is a predominance of buildings or improvements which by
reason of age, history, architecture or significance should be preserved or restored
to productive use.
Furthermore, the Governing Body may declare a building outside of a NRA to be a
“dilapidated structure” if the structure satisfies the following definition KSA 12-17,115(a):
"Dilapidated structure" means a residence or other building which is in deteriorating condition by
reason of obsolescence, inadequate provision of ventilation, light, air or structural integrity or is
otherwise in a condition detrimental to the health, safety or welfare of its inhabitants or a
residence or other building which is in deteriorating condition and because of age, architecture,
history or significance is worthy of preservation.
The boundary of the proposed NRA is intended to reflect the City’s most investment-challenged
and deteriorated areas as determined by the City’s Neighborhood Health Map. The NRA includes
all designated “Intensive Care” and “At Risk” Census block groups based on the most recent
update of the health map in 2017. These areas are deemed to qualify under all of the above
criteria (KSA 12-17, 115 (c)).
In addition, some parts of the proposed NRA are outside At Risk/Intensive Care designations.
Those areas are included because they either: 1) have been historically “At Risk” since 2000, 2)
are part of infill subdivisions or redevelopment areas that were dependent upon and approved
under the City’s past Neighborhood Revitalization Plans, 3) are part of minor boundary rounding
to make the NRA as contiguous and orderly as possible, or 4) otherwise would qualify under the
above criteria (KSA 12-17, 115 (c)). Taken as a whole, the proposed NRA meets legislative and
statutory intent of KSA 12-17, 115 (c).
Any boundary expansions should be consistent with the above criteria and the State’s Attorney
General’s opinion issued in 1996 which determined that the intent of the legislation was aimed at
neighborhood stabilization and preventing deterioration in the central section of the city or more
specifically, neighborhoods. The opinion concludes that the governing body must make a finding
that the area meets one of the conditions listed in KSA 12-17, 115 (c), that rehabilitation of the
DRAFT
2025 - 27 Neighborhood Revitalization Plan
Adopted by the Governing Body: xx/xx/2024
4
area is necessary to protect the welfare of the municipalities’ residents, and that the area should
not include the entire municipality.
As a matter of policy, the City of Topeka’s NRA is also proposed to be limited in scope to the
above areas in order to promote a streamlined and administrative “but for” policy. The inherent
presumption of this Plan is that necessary private investments would not occur in these areas “but
for” the incentives offered under the Plan. Incentives are approved administratively by City of
Topeka staff upon application by the property owner without further proof of need for the
incentives. In order to enforce this assumption, the Plan puts forth thresholds for application
deadlines to ensure the applicant knew about the program prior to construction and that the
investment must create an impactful value increase.
Therefore, this Plan finds the proposed areas are most legally justifiable under State law and
provides for a streamlined “but for” test to revitalize the City’s most deteriorated sections.
DRAFT
2025 - 27 Neighborhood Revitalization Plan
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5
PART 1
DESCRIPTION OF NEIGHBORHOOD REVITALIZATION AREA
The Neighborhood Revitalization Area (Map #1) in general follows the boundaries of
Intensive Care and At Risk neighborhoods as identified in the City of Topeka Neighborhood
Health Map. This map most recently updated in 2023, establishes four (4) health classifications
for neighborhoods (intensive care, at risk, out patient, and healthy) to determine priorities for re-
investment and planning assistance. They are described below in order of priority:
High Priority Intensive Care - areas with seriously distressed conditions that need
immediate attention and intervention
At Risk - areas with emerging/existing negative conditions that need attention
before they succumb to seriously distressed conditions
Out Patient - areas with favorable conditions in need of minor isolated
treatments
Low Priority Healthy - areas with optimal conditions
The four health classifications were based on five (5) vital signs that measured the relative
health of all neighborhood areas in Topeka. This neighborhood health assessment was used to
develop a “triage” approach to revitalization. Those areas that had more “life-threatening” or
urgent needs as measured by the vital signs should receive higher priority for treatment over
those areas with less urgent needs. These higher priority areas (intensive care/at risk) are the
focus for neighborhood planning efforts and public re-investment. A summary of the vital signs
include:
Poverty (2018-2022 American Community Survey 5-Year Estimates, U.S Census) -
High concentrations of poverty are one of the most reliable indicators of performance in
school, crime rates, family fragmentation, job readiness, housing conditions, etc.
Public Safety (January 2022 – December 2023, Topeka Police Dept.) – Public Safety, as
measured by number of Part 1 crimes reported for the last two full years, is a symptom
indicating the local environmental conditions conducive to crime and how well a
neighborhood is organized to prevent crime from occurring.
DRAFT
2025 - 27 Neighborhood Revitalization Plan
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6
Residential Property Values (July 2023, Shawnee County Appraisers Office) – Property
values are in part a reflection of the quality of housing supply and the image of a
neighborhood. The median value of a house purchased in Shawnee County was $122,000 in
2018 (Topeka Association of Realtors).
Single Family Housing Tenure (July 2023 Shawnee County Appraisers Office)
The percentage of homeowners residing in a neighborhood can be an indication of the
willingness (or confidence) to invest in the area. The most relevant measure of this is how
many single-family dwellings are owner-occupied since these homes were primarily built for
individual ownership.
Secured Houses & Unsafe Structures (2023 City of Topeka Special Structures Unit) - A
secured house is one of the most evident physical displays that will undermine confidence in
an area for investment and precipitates a downward spiral for the block and/or neighborhood.
Vital Sign Ranges (2023)
Number of Secured and
Neighborhood Health % of Persons Below Part 1 Crimes per 100 Average Residential Property % Owner Occupied Unsafe Structures Per 100
Composite Poverty Level Persons Values Housing Units Properties
(avg. score) (score) (score) (score) (score) (score)
Healthy 2023: 0 - 9% 0 - 12 2023: $134,451 and ↑ 70 - 100% 2023: 0
(3.3 - 4.0) (4) (4) (4) (4) (4)
Out Patient 2023: 10 - 18% 13 - 18 2023: $87,447 - $134,450 50 - 69% 2023: 0.01 - 0.75
(2.7 - 3.2) (3) (3) (3) (3) (3)
At Risk 2023: 19 - 30% 19 - 28 2023: $51,960 - $$87,446 34 - 49% 2023: 0.76 - 1.75
(1.9 - 2.6) (2) (2) (2) (2) (2)
Intensive Care 2023: 31 - 100% 29 + 2023: $51,959 and ↓ 0 - 33% 2023: 1.76 and ↑
(1.0 - 1.8) (1) (1) (1) (1) (1)
Area Profile
Health rankings are determined by averaging all vital sign levels for each neighborhood area.
Intensive care and at risk neighborhoods have the lowest vital sign measurements, and hence are
the primary focus of the Neighborhood Revitalization (NR) Area. Below is a comparsion profile
of the NR Area and non-NR Area
Total Primary Neighborhood Revitalization Area 2023
% Owner Occupied
Part 1 Crimes per 100 % of Persons Below Secured & Unsafe Average Residential
Health Rating Single Family Housing
persons Poverty Level Structures Property Values
units
Intensive Care 35 38.5% 43.4% 2.024 $67,448
At Risk 18 29.1% 47.3% 1.050 $74,156
Out Patient 10 11.1% 57.5% 0.878 $90,930
Total Primary NR Area 19 25.9% 49.5% 1.160 $77,316
DRAFT
2025 - 27 Neighborhood Revitalization Plan
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7
Total Non Neighborhood Revitilization Area 2023
% Owner Occupied
Part 1 Crimes per 100 % of Persons Below Secured & Unsafe Average Residential
Health Rating Single Family Housing
persons Poverty Level Structures Property Values
units
Out Patient 11 17.7% 61.8% 0.56 $115,743
Healthy 5 8.7% 79.7% 0.13 $212,709
Total Non NR Area 7 10.6% 75.3 0.25 $189,507
General Characteristics 2023
Area Square Miles % of Total #of Parcels % Total Vacent Parcels % Total
Intensive Care 2.46 3.9% 2,587 5.1% 417 10.2%
At Risk 7.59 12.0% 8,438 16.5% 1,186 29.1%
Out Patient 1.85 2.9% 2,510 4.9% 370 9.1%
Kanza/ USD 501 0.3 0.5% 29 0.06% 3 0.07%
Total NR AREA 12.15 19.3% 13,535 26.5% 1,973 48.4%
Non-NR Area 50.95 80.7% 37,612 73.5% 2,107 51.6%
Total (All Topeka) 63.1 100% 51,147 100% 4,080 100%
General Characteristics 2023
Total Housing Units Real Property
Area 2022 Population % of Total % of Total % of Total
(2018 - 2022 ACS) Valuation (2023)
Intensive Care (Primary) 4,595 3.6% 2,221 3.7% $588,646,970 6.4%
At Risk (Primary) 20,732 16.4% 10,349 17.3% $1,317,793,490 14.2%
Out Patient (Primary) 8,370 6.6% 3,906 6.5% $261,039,450 2.8%
Total NR Area 33,697 26.7% 16,476 27.5% $2,167,479,910 23.4%
Non NR Area 92,734 73.3% 43,511 72.5% $9,268,928,010 100.0%
Total (All Topeka) 126,431 100.0% 59,987 100.0% 11,436,407,920 100.0%
Summary
• The primary NR Area comprises only 19.3% of the land area of Topeka, but contains
approximately 48.4% of all vacant parcels in the City.
• The poverty rate in the primary NR Area is two and a half times the poverty rate of the non-
NR Area.
• Average residential property values are nearly 145% greater outside of the NR Area than
within its boundaries.
• The homeownership rate is substantially greater outside of the primary NR Area boundary
(75.3% versus 49.5%).
• 63% of all secured and unsafe structures in the City are located within the NR Area boundary
yet only constitute 27.5% of all housing units in the city
DRAFT
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8
DRAFT
2025 - 27 Neighborhood Revitalization Plan
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LEGAL DESCRIPTION OF
Neighborhood Revitalization Area
MAY 2024
PRIMARY AREA
Beginning at the intersection of the NW Topeka Boulevard and NW Independence Avenue;
thence easterly along NW Independence Avenue to its intersection with with N Kansas Avenue;
thence continuing easterly along NE Independence Avenue to its intersection with NE Meriden
Road; thence Southerly along Meriden Road to its intersection with NE Grantville Road; thence
southerly along said NE Grantville Road to its intersection with Old Soldier Creek channel;
thence easterly along Old Soldier Creek channel to its itersection with the Kansas River; thence
southerly along the Kansas River to its intersection with northerly extension of NE Chandler
Street; thence southerly along said extension of NE Chandler Street to its intersection with NE
River Road; thence northeasterly along NE River Road to its intersection with NE Division
Street; thecnce easterly along NE Division Street to its intersection with NE Sumner Street;
thence southerly along NE Sumner Street to its intersection with NE Seward Avenue; thence
westerly along NE Seward Avenue to its intersection with Sumner Street; thence Southerly along
Sumner Street to its intersection of NE Florencce Avenue; thence easterly along NE Florence
Avenue to its intersection with NE Golden Avenue; thence southerly along NE Golden Avenue
to its intersection with the Mainline Track of the Burlington Northern - Santa Fe Railway; thence
easterly along said Mailine Track to its intersection with the East line of the Northeast Quarter of
Section 33, Township 11 South, Range 16 East of the 6th P.M.; thence southerly along said East
Line to its intersection with SE 2nd Street; thence easterly along SE 2nd Street to its intersection
with Deer Creek; thence southerly along Deer Creek to its intersection with SE 6th Avenue;
thence westerly along SE 6th Avenue to its intersection with SE Deer Creek Parkway; thence
southerly along SE Deer Creek Parkway to its intersection with Interstate Highway 70; thence
westerly along Interstate Highway 70 to its intersection with SE California Avenue; thence
southerly along SE California Avenue to its intersection with the Centerline of SE 29th Street;
thence westerly along SE 29th Street to its intersection with SE Adams Street; thence southerly
along SE Adams Street to its intersection with SE 37th Street; thence westerly along SE 37th and
SW 37th Street to its intersection with SW Topeka Boulevard; thence southerly along SW Topeka
Boulevard to the Northwest corner of the Northwest Quarter of Section 30 Township 12 South
Range 16 East of the 6th P.M.; thence easterly along the North Line of said Section 30 to the
Northeast corner of the West Half of the Northeast Quarter of said Section 30; thence southerly
along the East line of said West Half to the Southeast corner of said West Half; thence westerly
along the South line of said West Half to the Southwest corner of said Northeast Quarter; thence
southerly along the East line of the Southwest Quarter of said Section 30 to its intersection with
the southwesterly right of way line of the Missouri Pacific Railroad, as recorded in Book 4251,
page 621; thence South 54 degrees 38 minutes 32 seconds East, 1304.94 feet along said right of
way line; thence southeasterly and southwesterly along said right of way line, 1020.98 feet along
the arc of a curve to the right, having a radius of 419.28 feet with a chord which bears South 21
degrees 57 minutes 15 seconds West, 786.78 feet; thence South 89 degrees 35 minutes 28
seconds West, 132.83 feet along said right of way line; thence westerly along said right of way
line, 249.10 feet along the arc of a curve to the left, having a radius of 613.69 feet with a chord
which bears South 77 degrees 55 minutes 31 seconds West, 247.40 feet to the North right of way
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2025 - 27 Neighborhood Revitalization Plan
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10
line of SE 53rd Street; thence South 89 degrees 35 minutes 28 seconds West, 368.63 feet along
the North right of way of SE 53rd Street; thence southerly to the South line of Section 30; thence
westerly along the South line of Section 30 to SW Topeka Boulevard; thence northerly along
Topeka Boulevard to its intersection of Interstate Highway 470; thence westerly along Interstate
Highway 470 to its intersection with Burlingame Road; thence northerly along Burlingame Road
to its intersection with SW 37th Street; thence Easterly along SW 37th Street to its intersection
with Topeka Boulevard; thence northerly along Topeka Boulevard to its intersection with SW
29th Street; thence Easterly along SW 29th Street and SE 29th Street to its intersection with SE
Adams Street; thence northerly along SE Adams Street to its intersection with SE 21st Street;
thence westerly along SE 21st Street and SW 21st Street to the Northwest Corner of the Northwest
Quarter of Section 7 Township 12 South Range 15 East of the 6th P.M.; thence southerly along
the West line of said Quarter Section to its intersection with SW 27th Street; thence westerly
along SW 27th Street to its intersection with SW Washburn Avenue; thence northerly along SW
Washburn Avenue to its intersection with SW 11th Street; thence westerly along SW 11th Street
to its intersection with SW Woodward Avenue; thence northerly along SW Woodward Avenue
to its intersection with SW 10th Avenue; thence westerly along SW 10th Avenue to its
intersection with SW Summit Avenue; thence northerly along SW Summit Avenue to its
intersection with SW Sixth Avenue; thence easterly SW Sixth Avenue to its SW Washburn
Avenue; thence northerly along SW Washburn Avenue to its intersection with SW Willow
Avenue; thence easterly along SW Willow Avenue to its intersection with Quinton Avenue;
thence northerly along Quinton Avenue to its intersection with the Centerline of SW 1st Street;
thence easterly along SW 1st Street to the West line of Section 30, Township 11 South, Range 16
East of the 6th P.M.; thence northerly along the said West line to its intersection with the south
line of a tract of land described in a deed recorded in Book 3384 Page 896, Register of Deeds
Office, Shawnee County, Kansas; thence easterly and northeasterly along the south line and east
line of said tract of land to the South Bank of the Kansas River; thence northeasterly along the
extension of said east line to its intersection with the Kansas River; thence easterly down the
Kansas River to its intersection with SW Topeka Boulevard; thence northerly along Topeka
Boulevard to the Point of Beginning.
(AND IN ADDITION)
KANZA BUSINESS AND TECHNOLOGY PARK (OVERALL PUD BOUNDARY)
A TRACT OF LAND IN THE SOUTHEAST QUARTER, THE EAST HALF OF THE SOUTHWEST QUARTER,
LOT 3 OF THE NORTHWEST QUARTER, AND THE NORTHEAST QUARTER, ALL IN SECTION 26,
TOWNSHIP 11 SOUTH, RANGE 15 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SHAWNEE COUNTY,
KANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 00°00'22" EAST, 30.00
FEET, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89°36'04" WEST,
23.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°36'04" WEST, 2611.74 FEET TO A
POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER, 30.00 FEET NORTH OF THE
SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 00°06'23" WEST, 1118.90
FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 86°16'38" EAST,
130.48 FEET; THENCE NORTH 42°55'39" EAST, 233.28 FEET; THENCE NORTH 01°25'17" WEST, 497.95
FEET; THENCE SOUTH 88°46'41" WEST, 278.01 FEET TO THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 00°06'23" EAST, 120.24 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER TO THE NORTH LINE OF ARLINGTON HEIGHTS SUBDIVISION; THENCE
SOUTH 89°54'32" WEST, 1309.28 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO THE WEST
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LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°11'27" EAST, 953.94
FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE
NORTH 00°18'11" EAST, 663.92 FEET ALONG THE WEST LINE OF SAID LOT 3 TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE NORTH 88°53'30" EAST, 883.63
FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE ON A CURVE TO THE LEFT, ALONG SAID RIGHT-
OF-WAY LINE, A RADIUS OF 1579.22 FEET, AN ARC DISTANCE OF 683.95 FEET, WITH A CHORD
WHICH BEARS NORTH 76°29'04" EAST, 678.62 FEET; THENCE NORTH 64°04'38" EAST, 1046.28 FEET,
ALONG SAID RIGHT-OF-WAY LINE; THENCE SOUTH 00°08'08" WEST, 213.32 FEET; THENCE SOUTH
78°48'28" EAST, 1483.53 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION;
THENCE SOUTH 00°08'53" EAST, 87.25 FEET ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER; THENCE SOUTH 16°33'51" WEST, 156.49 FEET; THENCE SOUTH 00°08'53" EAST, 539.57
FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER, 45.00 FEET WEST OF THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00°00'22" WEST, 35.43 FEET;
THENCE SOUTH 89°59'38" EAST, 21.50 FEET; THENCE SOUTH 00°00'22" WEST, 2570.01 FEET TO THE
POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 258.943 ACRES, MORE OR LESS.
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 11 SOUTH,
RANGE 15 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SHAWNEE COUNTY KANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 26; THENCE ALONG THE SOUTH LINE OF SAID QUARTER ON
AN ASSUMED BEARING OF SOUTH 89°35'38" WEST, A DISTANCE OF 825.36 FEET; THENCE ON A
BEARING OF NORTH 00°24'22" WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING;
THENCE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER ON A BEARING OF SOUTH 89°35'38"
WEST, A DISTANCE OF 515.96 FEET; THENCE ON A BEARING NORTH 00°25'19" WEST, A DISTANCE
OF 2033.61 FEET; THENCE ON A BEARING OF NORTH 44°27'37" EAST, A DISTANCE OF 68.73 FEET;
THENCE ON A BEARING OF SOUTH 63°56'06" EAST, A DISTANCE OF 18.56 FEET; THENCE ON A
BEARING OF NORTH 19°56'13" EAST, A DISTANCE OF 44.30 FEET; THENCE ON A BEARING OF
NORTH 34°34'08" EAST, A DISTANCE OF 25.22 FEET; THENCE ON A BEARING OF NORTH 72°13'53"
EAST, A DISTANCE OF 27.65 FEET; THENCE ON A BEARING OF SOUTH 37°05'32" EAST, A DISTANCE
OF 14.75 FEET; THENCE ON A BEARING OF SOUTH 54°25'19" EAST, A DISTANCE OF 16.30 FEET;
THENCE ON A BEARING OF SOUTH 80°46'21" EAST, A DISTANCE OF 23.15 FEET; THENCE ON A
BEARING OF SOUTH 87°13'11" EAST, A DISTANCE OF 11.70 FEET TO A POINT ON A CURVE TO THE
RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 75.00
FEET, A CHORD BEARING OF SOUTH 74°03'00" EAST, AND A CHORD DISTANCE OF 34.18 FEET) A
DISTANCE OF 34.48 FEET; THENCE ON A BEARING OF SOUTH 60°52'49" EAST, A DISTANCE OF 42.96
FEET; THENCE ON A BEARING OF SOUTH 53°28'55" EAST, A DISTANCE OF 108.90 FEET; THENCE ON
A BEARING OF SOUTH 31°54'18" EAST, A DISTANCE OF 87.45 FEET; THENCE ON A BEARING OF
SOUTH 26°44'08" EAST, A DISTANCE OF 158.72 FEET; THENCE ON A BEARING OF SOUTH 28°30'48"
EAST, A DISTANCE OF 137.12 FEET; THENCE ON A BEARING OF SOUTH 35°51'47" EAST, A DISTANCE
OF 63.86 FEET; THENCE ON A BEARING OF SOUTH 44°53'50" EAST, A DISTANCE OF 71.01 FEET;
THENCE ON A BEARING OF SOUTH 00°10'26" EAST, A DISTANCE OF 305.26 FEET; THENCE ON A
BEARING OF SOUTH 41°48'53" WEST, A DISTANCE OF 216.94 FEET TO A POINT ON A CURVE TO THE
LEFT; THENCE ALONG SAID CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 75.00 FEET,
A CHORD BEARING OF SOUTH 19°54'50" EAST, AND A CHORD DISTANCE OF 97.23 FEET) A
DISTANCE OF 105.78 FEET; THENCE ON A BEARING OF SOUTH 00°01'58" EAST, A DISTANCE OF 78.63
FEET; THENCE ON A BEARING OF SOUTH 34°02'36" EAST, A DISTANCE OF 118.96 FEET; THENCE ON
A BEARING OF SOUTH 00°17'22" WEST, A DISTANCE OF 227.41 FEET TO A POINT ON A CURVE TO
THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 60.00
FEET, A CHORD BEARING OF SOUTH 45°46'21" WEST, AND A CHORD DISTANCE OF 77.15 FEET) A
DISTANCE OF 83.79 FEET; THENCE ON A BEARING OF SOUTH 00°06'58" EAST, A DISTANCE OF 142.97
FEET; THENCE ON A BEARING OF SOUTH 86°22'32" WEST, A DISTANCE OF 30.69 FEET; THENCE ON
A BEARING OF SOUTH 01°46'13" EAST, A DISTANCE OF 80.18 FEET; THENCE ON A BEARING OF
SOUTH 89°57'22" WEST, A DISTANCE OF 20.82 FEET; THENCE ON A BEARING OF SOUTH 00°15'55"
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WEST, A DISTANCE OF 130.86 FEET; THENCE ON A BEARING OF SOUTH 89°40'17" EAST, A
DISTANCE OF 21.15 FEET; THENCE ON A BEARING OF SOUTH 00°20'17" WEST, A DISTANCE OF 28.30
FEET TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT (SAID
CURVE HAVING A RADIUS OF 118.49 FEET, A CHORD BEARING OF SOUTH 21°22'45" EAST, A CHORD
DISTANCE OF 60.15 FEET) A DISTANCE OF 60.82 FEET; THENCE ON A BEARING OF SOUTH 32°29'33"
EAST, A DISTANCE OF 24.43 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 194.67 FEET, A CHORD BEARING OF
SOUTH 12°51'45" EAST, AND A CHORD DISTANCE OF 80.56 FEET) A DISTANCE OF 81.15 FEET;
THENCE ON A BEARING OF SOUTH 01°52'31" EAST, A DISTANCE OF 26.20 FEET TO THE POINT OF
BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 24.081 ACRES, MORE OR LESS,
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS OF
RECORD, IF ANY.
(AND IN ADDITION)
KANZA BUSINESS AND TECHNOLOGY PARK SUBDIVISION. CONTAINS APPROXIMATELY 10.39-
ACRES, MORE OR LESS.
EXCEPT
The property commonly known as the 501 Sports Complex and legally described as follows: A tract of land in the
Southeast Quarter of Section 26, Township 11 South, Range 15 East of the Sixth Principal Meridian, described as
follows: Beginning at a point on the West line, 30.00-feet North of the Southwest Corner of said Quarter Section
(said point being on the North right-of-way line of West Sixth Street); thence North 00 degrees, 06 minutes, 40
seconds West, along said West Line, 1,118.79-feet; thence South 86 degrees, 14 minutes, 23 seconds East, 130.46-
feet; thence North 42 degrees, 56 minutes, 08 seconds East, 233.28-feet; thence North 01 degrees, 24 minutes, 28
seconds West, 497.95-feet; thence North 88 degrees, 48 minutes, 04 seconds East, 120.98-feet; thence on a 302.50-
foot radius curve to the left, with a 170.62-foot chord bearing North 72 degrees, 25 minutes, 13 seconds East, an arc
distance of 172.97-feet; thence North 56 degrees, 02 minutes, 21 seconds East, 399.91-feet; thence South 20 degrees,
26 minutes, 15 seconds East 750.52-feet; thence South 00 degrees, 24 minutes, 53 seconds East, 1, 344.97-feet to the
North right-of-way line of West Sixth Street; thence South 89 degrees, 36 minutes, 04 seconds West, along said
North right-of-way line, 1,162.82-feet to the Point of Beginning. The above contains 44.001-acres, more or less, all
in the City of Topeka, Shawnee County, Kansas.
(AND IN ADDITION)
Cowdin Subdivision No. 3, according to the recorded plat thereof.
(AND IN ADDITION)
Southern Hills Subdivision “A”, Southern Hills Subdivision “B”, and Southern Hills Subdivision “C” according to
the recorded plats thereof. Contains approximately 110.8 acres.
(AND IN ADDITION)
Drakes Farm Subdivision, according to the recorded plat thereof.
(AND IN ADDITION)
3528 SE Cyprus Drive - Lot 1, Block A, Croco Park Subdivsion
(AND IN ADDITION)
3521 SE 21st Street – Lots 1, 2, 4, and 4, Block A, Altair Heights Subdivision No. 6.
(AND IN ADDITION)
Lot 1, Block A, Altair Heights Subdivision No. 3, less street right-of-way.
OUTSIDE REVITALIZATION AREA; ‘DILAPIDATED STRUCTURE’:
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(Menninger Clock Tower Building)
A portion of Lot 1, Block A, Menninger Foundation Subdivision, being situated in the Southwest Quarter of Section
28, Township 11 South, Range 15 East of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, more
particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter, being a point on
the West line of Menninger Foundation Subdivision; thence on an assumed Azimuth of 179 degrees 17 minutes 46
seconds coincident with the West line of said Menninger Foundation Subdivision, a distance of 638.96 feet; then on
Azimuth 89 degrees 17 minutes 46 seconds, perpendicular to the West line of Menninger Foundation Subdivision, a
distance of 898.87 feet to the Point of Beginning; thence on Azimuth 88 degrees 07 minutes 19 seconds, a distance
of 329.86 feet; thence on Azimuth 177 degrees 11 minutes 06 seconds, a distance of 250.36 feet; thence on Azimuth
183 degrees 05 minutes 12 seconds, a distance of 141.29 feet; thence on Azimuth 194 degrees 58 minutes 13
seconds, a distance of 66.17 feet; thence on Azimuth 177 degrees 47 minutes 10 seconds, a distance of 178.14 feet;
thence on Azimuth 267 degrees 50 minutes 09 seconds, a distance of 275.83 feet; thence on Azimuth 357 degrees 50
minutes 17 seconds, coincident with centerline of an existing access road recorded in Book 4314, Page 099 in the
Register of Deeds Office for Shawnee County, a distance of 431.62 feet; thence on Azimuth 317 degrees 14 minutes
41 seconds, a distance of 39.39 feet; thence on Azimuth 358 degrees 10 minutes 19 seconds, a distance of 172.54
feet to the Point of Beginning.
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14
PART 2
APPRAISED VALUATION OF REAL PROPERTY
The appraised valuation of the Menninger Clock Tower and the real estate contained in the
Neighborhood Revitalization Area as of July, 2023 for each parcel by land and building values is
on file in the office of the Shawnee County Appraiser. The January 1, 2024 appraised valuation
for the 13,548 parcels contained in the area is:
Land $ 266,766.250
Improvements $ 1,961,021.080
Total Appraised Valuation $ 2,227, 787. 330
Updated values from Shawnee County Appraiser, May 2024
PART 3
LISTING OF OWNERS OF RECORD IN AREA
Each owner of record of the Menninger Clock Tower and each parcel of land is listed
together with the corresponding address on file in the office of the Shawnee County Appraiser
(http://www.snco.us/ap/.
PART 4
EXISTING ZONING BOUNDARIES
&
EXISTING/PROPOSED LAND USES
Descriptions of zoning districts, current boundaries, existing land uses, and future land use
maps within the Neighborhood Revitalization Area are all found on file in the Topeka Planning
Department or at www.topeka.org/planning
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PART 5
MAJOR IMPROVEMENTS
PROPOSED FOR NEIGHBORHOOD REVITALIZATION AREA
A list of the proposed major improvements within the Neighborhood Revitalization Area are
identified within the adopted neighborhood and area plans of the City’s Comprehensive Plan.
Copies of those plans are on file with the Topeka Planning Department and on-line at
www.topeka.org/planning
▪ Topeka Land Use and Growth Mangagment Plan (2015)
▪ Central Highland Park Neighborhood Plan (2010)
▪ Ward-Meade Neighborhood Plan (2001/2010)
▪ Chesney Park Neighborhood Plan (1998/2009)
▪ Central Park Neighborhood Plan (1998/2008/2019)
▪ Hi-Crest Neighborhood Plan (2015)
▪ North Topeka West (2016)
▪ Historic North Topeka East (2013)
▪ Holliday Park Neighborhood Plan (1998/2008/2023)
▪ Oakland Neighborhood Plan (2004/2014)
▪ Hi-Crest Neighborhood Plan (2003)
▪ Old Town Neighborhood Plan (2003)
▪ East Topeka Neighborhood Revitalization Plan (2002)
▪ Downtown Topeka Redevelopment Plan (2001)
▪ Elmhurst Neighborhood Plan (2001)
▪ Tennessee Town (2001/2017)
▪ Washburn-Lane Parkway Plan (2001)
▪ Quinton Heights Neighborhood Plan (2018)
▪ East Topeka North Neighborhood Plan (2020)
▪ Downtown Master Plan (2021)
▪ Valley Park Neighborhood Plan (2021)
Proposed housing, infrastructure, and public facility improvements within these plans are intended to guide the
City’s future resource allocation as targeted within the Neighborhood Revitalization Area. Actual approved resource
allocations are are found with the City’s Capital Improvement Budget and Consolidated Plan.
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16
PART 6
STATEMENT SPECIFYING THE ELIGIBILITY REQUIREMENTS
FOR A TAX REBATE
Residential New Construction/Rehabilitation
All properties with residential improvements legally permitted by applicable zoning
regulations and building codes within, or that fronts a public street boundary of the designated
Neighborhood Revitalization Area are eligible for the specified tax rebate provided the new
appraised valuation is increased by a minimum of 10%.
Commercial New Construction/Rehabilitation
All properties with commercial, office and institutional, and industrial improvements
legally permitted by applicable zoning regulations and building codes within, or that fronts a
public street boundary of the designated Neighborhood Revitalization Area are eligible for the
specified tax rebate provided the new appraised valuation is increased by a minimum of 20%.
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PART 7
CRITERIA FOR DETERMINATION OF ELIGIBILITY
(a) Construction of an improvement must have begun on or after January 1, 2025. Such
improvement project shall remain eligible in the event the neighborhood revitalization
plan is extended beyond 2027 by a subsequent ordinance. An improvement project
constructed pursuant to a building permit and an application for tax rebate filed before
January 1, 2025, may be eligible for a rebate under the Neighborhood Revitalization
Program created by City Ordinance No. xxxxx.
(b) A rebate application must be filed prior to or within sixty (60) days of the issuance of a
building permit or initiation of work (if no building permit is required) as determined by
the Planning Director. An application determined to be “out-of-time” shall be accepted by
the Planning Director if the applicant can demonstrate that prior to commencing the
improvements, he or she intended to use the program’s benefits for the specific
improvement proposed in the application. Some factors that may be used to determine the
intent and prior knowledge of the program include previous written or verbal
communication with city staff, contractors, or other interested parties in the project. The
fact that the applicant was not made aware of the program by city staff shall not be used
as a factor in this determination. An application shall not be accepted “out-of-time” if the
building permit was issued to correct a past zoning or building code violation. The
applicant must submit all evidence in writing that supports the above criteria to the
Planning Department within one (1) year of the issuance of the building permit. The
applicant may appeal the Planning Director’s decision to the City Manager who has final
authority over the matter.
(c) The improvements must conform with the Comprehensive Plan, design guidelines within
applicable elements of the Comprehensive Plan and Title 18 Comprehensive Zoning
Regulations,including adopted Neighborhood Conservation Districts in effect at the time
the improvements are made.
(d) New and existing improvements on the property must conform with all other applicable
codes, rules, and regulations in effect at the time the improvements are made, and for the
length of the rebate or the rebate may be terminated.
(e) Any property that is delinquent in any real property tax payment or special assessment
shall not be eligible for any rebate or future rebate until such time as all real property
taxes and special assessments have been paid. Additionally, taxes on all real property
owned by the applicant must be current.
(f) Commercial or industrial property eligible for tax incentives under any adopted
Neighborhood Revitalization Plan and Topeka's existing tax abatement program pursuant
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18
to Article 11, Section 13 of the Kansas Constitution and TMC Chapter 3.55, may receive
one exemption/rebate per project from the City as a tax incentive.
(g) Any property that fronts a public street boundary of the Neighborhood Revitalization
Area shall be eligible for the rebate, except those properties that front a public highway.
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PART 8
CONTENTS OF APPLICATION FOR TAX REBATE
Part 1 - General Information (Completed by applicant)
(a) Owner's Name and applicant’s name
(b) Owner's Mailing Address.
(c) School District No.
(d) Parcel I.D. No.
(e) Building Permit No. and copy of permit
(f) Address of Property.
(g) Legal Description of Property
(h) Day Phone Number.
(i) Proposed Property Use.
(j) Improvements (Attach itemized list of improvements)
(k) Estimated Cost of Improvements
(l) Proof of Historical Register Listing or nomination.
(m) List of Buildings and Improvements proposed to be or actually demolished.
(n) Date of commencement of construction.
(o) Estimated date of completion of construction.
Part 2 - Status of Construction/Completion
(a) County Appraiser's Statement of Percentage Test.
(b) County Clerk's Statement of Tax Status.
(c) Planning’s Statement of Application Conformance for Tax Rebate.
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PART 9
APPLICATION PROCEDURE
(a) The owner/applicant shall obtain an Application for Tax Rebate from Topeka Planning
Department, or concurrent with obtaining a building permit application.
(b) The applicant shall complete and sign the application and file the original with Planning,
prior to or within sixty (60) days of issuance of the building permit or as permitted under
Part 7(b).
(c) Planning shall forward the application to the Shawnee County Appraiser's Office for
determination of the appraised valuation of the improvements and when necessary for
designated historic properties, shall indicate the base tax year in order to determine the
property’s pre-demolition value for historic resources or landmarks that were demolished
to make way for the improvements.
(d) On or about January 1, the County Appraiser shall conduct an on-site inspection of the
construction project, determine the new valuation of the real-estate, complete his portion
of the application, and report the new valuation to the Shawnee County Clerk by June 1
of that same year. The tax records on the project shall be revised by the County Clerk's
Office.
(e) Upon determination by the Appraiser's office that the improvements meet the percentage
test for rebate and the Clerk's office has determined the status of the taxes on the property,
Planning shall certify to the County Clerk the project and application does or does not
meet the requirements for a tax rebate and shall notify the applicant.
(f) Upon the payment of the real estate tax for the subject property for the initial and each
succeeding tax year period extending through the specified rebate period, and within a
thirty (30) day period following the date of tax distribution by Shawnee County to the
other taxing units, a tax rebate in the amount of the tax increment (less any fees as
specified in the Interlocal Agreement) shall be made to the applicant.
The tax rebate amount will be based on the appraised property value increment between
the application year and the completion year directly attributal to the improvement itself.
The actual rebate may vary year to year depending upon the approved mill levy for all
participating taxing jurisdictions. The tax rebate shall be made by Audit and Finance,
Shawnee County through the Neighborhood Revitalization Fund established in
conjunction with the City of Topeka and the other taxing units participating in an
Interlocal Agreement.
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PART 10
STANDARDS AND CRITERIA FOR APPROVAL
(a) Project improvements shall be 100% complete within two years of building permit
issuance or 100% complete within two years of beginning construction on the listed
improvements (if permits are not required.).
(b) The appraised value of residential property must be increased by a minimum of 10%.
(c) The appraised value of commercial and industrial property must be increased by a
minimum of 20%.
(d) New improvements must conform with all applicable codes, rules, and regulations in
effect at the time the improvements are made, including zoning regulations and design
guidelines adopted by the Governing Body, for the length of the rebate.
(e) Any property that is delinquent in any real property tax payment or special assessment
shall not be eligible for any rebate or future rebate until such time as all real property
taxes and special assessments have been paid. Additionally, taxes on all real property
owned by the applicant must be current.
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PART 11
STATEMENT SPECIFYING REBATE FORMULA
Program Period:
The Neighborhood Revitalization Fund and tax rebate incentive program shall expire on
December 31, 2024.
Rebate Period:
All Eligible Uses – Administrative Approval 10 years
All Eligible Uses – Governing Body Approval 11-20 years
Rebate Amount*:
Standard Rebate:
- All Eligible Uses Not Specified In Areas Below 95% (years 1-5)
50% (years 6-10)
Standard Plus 10 Rebate:
- “Intensive Care” areas (2020 Neighborhood Health Map) 95%
- National/State Register/Properties and Districts and 95%
Local Historic Properties/Districts
- “New” Infill Housing (Single and Multi-Family); including:
new Single-family houses only in Cowdin Subd. #3 and Southern Hills
Subd. A, B, and C, 95%
Standard Plus 20 Rebate:
- TIF District
- Minimum $10,000,000 investment
- Primary use is residential
- “But-For” Test/Study
- Governing Body Approval 95%
*5 % to remain in Neighborhood Revitalization Fund for administrative costs.
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Part 12
OTHER MATTERS
1. The governing body may declare a building outside of a neighborhood revitalization area
to be a “dilapidated structure” if it satisfies the conditions set forth in subsection (a) of
KSA 12-17, 115. A “dilapidated structure” is defined as a residence or other building
which is in deteriorating condition by reason of obsolescence, inadequate provision of
ventilation, light, air or structural integrity or is otherwise in a condition detrimental to
the health, safety or welfare of its inhabitants or a residence or other building which is in
deteriorating condition and because of age, architecture, history or significance is worth
of preservation. Pursuant to K.S.A. 12-17,117(b), the governing body may determine a
structure outside the boundary is a ‘dilapidated structure’ and, as such, is eligible for
consideration of a property tax rebate for the following reasons:
• The building is a dilapidated structrure due to its long vacancy and current
boarded condition,
• The building is historic and is listed on the National Register of Historic Places
and is worthy of preservation.
Prior to acceptance of a tax rebate application for projects involving a ‘dilapidated
structure’, the applicant must submit a “but-for” test/study to be approved by the City
Manager that demonstrates the need for a rebate.
• The Menninger Clock Tower was approved as a delapidated structure with the
approval of the 2022-2024 NRP plan and remains in effect.
2. The governing body may designate certain projects to have up to a 20-year rebate period,
provided all of the following criteria are satisfied:
• The project is located within an existing Tax Increment Financing
District (TIF) within the NRP Area
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24
• The primary use is residential
• The project has a minimum investment of $10,000,000
• The project submits a but-for analysis that demonstrates the need
for the longer rebate period.
Should the governing body determine that the project meets the criteria, the property will
be removed from the TIF district in accordance with Ordinance No. 20228. Prior to
acceptance of a tax rebate application, projects must submit a “but-for” test/study to be
approved by the City Manager that demonstrates the need for a rebate.
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25
SHAWNEE COUNTY TAX LEVY SCHEDULE 2023
Tax Levies per $1,000 Assessed Valuation
2023 % of Total Levy
Levy
Shawnee County 48.653 34.41%
City of Topeka 36.952 26.13%
USD 501 (Topeka) 37.791 26.73%
Washburn University 3.45 2.44%
Topeka-Shawnee County Public Library 8.192 5.79%
TMTA (Transit) 4.2 2.97%
MTAA (Airport) 2.157 1.53%
Total 141.395 100%
Shawnee County 48.653 33.09%
City of Topeka 36.952 25.13%
USD 345 (Seaman) 43.422 29.53%
Washburn University 3.45 2.35%
Topeka-Shawnee County Public Library 8.192 5.57%
TMTA (Transit) 4.2 2.86%
MTAA (Airport) 2.157 1.47%
Total 147.026 100%
Shawnee County 48.653 33.07%
City of Topeka 36.952 25.12%
USD 450 (Shawnee Heights) 43.501 29.57%
Washburn University 3.45 2.35%
Topeka-Shawnee County Public Library 8.192 5.57%
TMTA (Transit) 4.2 2.86%
MTAA (Airport) 2.157 1.47%
Total 147.105 100%
Shawnee County 48.653 32.29%
City of Topeka 36.952 24.52%
USD 437 (Auburn Washburn Rural) 47.092 31.25%
Washburn University 3.45 2.29%
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Topeka-Shawnee County Public Library 8.192 5.44%
TMTA (Transit) 4.2 2.79%
MTAA (Airport) 2.157 1.43%
Total 150.696 100%
Source: Shawnee County Clerk’s Office, 2024
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City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 18, 2024
DATE: June 18, 2024
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5
(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.
(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.
Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
Each person shall state his or her name and city of residence in an audible tone for the record.
All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
In order to provide additional time for as many individuals as possible to address the Governing Body, each
individual signed up to speak will need to complete his or her comments within four minutes.
The following behavior will not be tolerated from any speaker:
Uttering fighting words
Slander
Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
Repetitious Speech or Debate
Speeches so disruptive of proceedings that the legislative process is substantially interrupted
Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.
Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol
Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
Zoom.
Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
If you are cut off during your comment time due to an internet connection or technical issue, you will need
to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room 166,
Topeka, KS 66603 for attachment to the minutes.
If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
will hear one beep when a minute is remaining and then another beep when time has expired.
Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING: